Why You Should Have A Tampa Divorce Lawyer Draft A Prenuptial Agreement

If you are considering getting married in the near future you should speak with a Tampa divorce attorney to discuss the possibility of drafting a prenuptial agreement. A prenuptial agreement is a written contract executed at least 30 days prior to a marriage. The prenuptial agreement can establish the rights to assets and support obligations of each spouse in the event of a divorce. The agreement is particularly important for couples planning to be married in Florida. Florida is a no fault divorce state, and thus it is often difficult to predict how the Florida family law court will order the assets to be distributed amongst the parties. Furthermore, the policy of Florida family law courts is to reach an equitable distribution of assets, which can further increase the uncertainty of the distribution. A properly executed prenuptial agreement will be a binding contract that can be used to predetermine with certainty the distribution of assets in the event of a divorce. Prenuptial agreements are not just for the wealthy, nearly every couple could benefit from executing a prenuptial agreement. The Tampa divorce lawyer preparing the agreement can draft a customized agreement that will plan for all possible contingencies and protect your assets in the event of a divorce.

Florida divorce law permits the agreement to be broad and cover a wide spectrum of potential issues that may arise during a divorce. The agreement is not limited to defining who gets control of specified assets. For instance, the prenuptial contract may also legally bind the parties with respect to the establishment or elimination of any spousal support in the event of a divorce. Furthermore, the agreement may also define which party is responsible for certain debts and obligations incurred by the couple.

The prenuptial agreement is a legally enforceable contract; however, a Florida family law court does have the authority to overturn the agreement in certain situations. The Tampa divorce attorney preparing the contract should be careful to avoid drafting a prenuptial agreement that could be overturned by the court. If a spouse can prove that the agreement is overreaching or unconscionable the court will have the authority to overturn the contract. The Florida family law judge will also be authorized to disregard the agreement if it was executed under duress or if the spouse was not provided a fair and reasonable disclosure of the property owned by the other spouse.

If you are getting married and need to talk with a qualified Tampa divorce attorney to discuss drafting a prenuptial agreement contact Florida Law Group. Our team of experienced Tampa divorce lawyers can prepare a legally binding prenuptial agreement that protects your interests in the event of a divorce.