What makes divorces so difficult for separating spouses is that they must abruptly decide on how the many years of the marriage will be dissolved and how the marital property accumulated will be distributed. There are many factors to consider during divorce. Ill feelings, such as hurt, bitterness, sadness and distrust, often get in the way of divorce proceedings and make reaching a definitive outcome lengthy and complicated. Fortunately, there are ways around this. With an effective prenuptial agreement, you and your spouse can fully outline the terms and conditions of your marriage and divorce (in the event that a divorce becomes necessary). A divorce attorney in Boca Raton, FL, can help you decide if a prenuptial agreement is a suitable option for your family.
Boca Raton Prenuptial (Prenup) Agreements
A prenuptial agreement, also known as a “prenup”, is a contractual agreement between spouses that govern how property, assets and debt will be distributed during a divorce. In most cases, the contract identifies and outlines the property of both spouses. It carefully distinguishes between the assets of each individual, even determining what would be considered marital property (property that is equally divided during divorce) and nonmarital property (property that is not divided during divorce). Prenups also determine other arrangements such as child custody and alimony. If you are interested in a prenuptial agreement, you should contact an experienced family divorce attorney. Prenups have a lot of benefits and advantages that makes them worthwhile.
Benefits of Prenups
Prenups truly do make the process of divorce much easier. During a divorce, Florida law dictates how marital property will be distributed. But with a prenup, spouses have a considerably large, and at times comprehensive, autonomy and control over how the divorce proceedings will take place.
Consider the following advantages of prenuptial agreements.
- Prenups specify marital property and non-marital property.
- Prenups support the separate property of each individual in the marriage.
- Prenups protect individuals from accepting the debt of the other spouse.
- Prenups establish ground rules for the future.
- Prenups do not necessarily have to be established before the marriage. Postnuptial agreements, which are drafted during the marriage or after the wedding, provide the same benefits and purposes as prenuptial agreements.
In other words, prenups are an effective way to perform the hard work early on. In many cases, a prenup is never utilized because many marriages prosper. However, when or if a divorce does become necessary, it is comforting to most spouses to know that the majority of the work has already been completed. A Boca Raton, FL, divorce lawyer can help you begin the process of creating a prenup that fits your specific needs.
Drafting A Prenuptial Agreement
If you are seeking to draft a prenuptial agreement, the process is made simpler with the skills and expertise of divorce lawyers in Boca Raton.
The process of drafting a prenup begins with consent and approval of both parties within the marriage. Individuals should then begin locating and gathering any and all forms and records of finances. Debts, assets, stocks, bonds, businesses, property/estate, expenditures, liquidated accounts, dividends and income should all be noted. If anything is left out, it can result in an illegitimate contract because of a misrepresentation of information.
After all financial records have been considered, spouses should meet regularly with a divorce lawyer to determine how assets will be distributed upon divorce and if alternative options such as alimony and/or spousal support will be assigned. Once both parties agree to the stipulations of the contract, the document becomes legally binding through a signature of both parties.
A Florida Divorce Lawyer Can Help
Couples wishing to draft a prenup should seek the professional guidance of divorce lawyers at a South Florida divorce law firm. Prenups have a significant impact on the way that a divorce proceeding is operated. In order to be sure that your rights and privileges are protected and that you will achieve a favorable outcome of a divorce becomes necessary, you will need a divorce lawyer to review your prenup before you sign it. Divorce lawyers can help you understand what is at stake with a prenup, how the prenup will assist you during your unique financial status, and what provisions to include in the contract to ensure that your security and assets are protected.
Divorce Lawyers in Boca Raton, FL
At the Law Offices of Theodore Enfield, P.A., our Boca Raton, FL, divorce lawyers are aggressive in negotiation, empathetic to your needs, and highly trained and experienced in Florida divorce law. Allow our family divorce lawyers to help you determine if prenuptial agreements are appropriate for your family and if so, we will ensure that your prenup is drafted well and fairly. Contact us today for a free initial consultation.