If you are currently considering marriage, then the prospect of divorcing your fiancé is probably one of the furthest things down on your “to do” list. However, you can avoid many future complications by taking the time now to meet with a Florida family law attorney and began drafting a prenuptial agreement.
Some people wrongly believe that choosing to create a prenuptial agreement to protect the property and assets you currently own is a harbinger for a failed marriage. On the contrary, you and your spouse should consider a prenuptial agreement as simply laying all of your cards on the table. Among other benefits, prenuptial agreements function as a way to inventory all of the valuable items each party is bringing into the marriage. That way there are no surprises, and both sides have a fair assessment of each other’s personal wealth.
Another important function of a premarital agreement is that you will have a legal document that memorializes all of the things that you brought into a marriage if your union with your partner should later end in divorce. This can be important because as time goes by, it can sometimes become harder to distinguish ownership of commingled marital assets or property.
Commingling occurs when you and your spouse mix earnings or jointly owned money with those items you each brought separately into the marriage. A good example of this might be a rental property that you inherited prior to the marriage. If you then placed earnings from that property into a joint checking account shared with your spouse, then that property and those assets have been commingled.
An attorney familiar with Florida’s premarital agreement laws can help you formulate strategies to help you keep your assets and property free from time-consuming and expensive ownership disputes should the time come, even decades later, for you to part ways with your future spouse.
Based in Miami, our law firm provides family based legal representation for clients living here in the greater Miami-Dade Metropolitan area as well as others living throughout South Florida. There is no initial consultation fee to meet with one of our attorneys and discuss ways to protect your assets and property. Our law firm also provides bilingual support for Spanish-speaking clients.