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Consider prenuptial agreement when bringing assets to a marriage

| Jul 20, 2020 | Prenuptial Agreements

When you are considering marriage in Florida, you are likely not thinking ahead to what may happen if the marriage is unsuccessful. This is understandable as many couples hesitate to think about divorce before they are even wed. However, if you are bringing substantial assets into the marriage, you should consider a prenuptial agreement to protect yourself financially in the event of a divorce.

Marriage can put existing assets at risk

Once you are married, many of your assets become part of the marital estate. Even if something was yours before the marriage, if it touches marital assets, the court may not distinguish between this and something that was earned during the marriage. This may even include a family inheritance or a business that you had before the marriage. There is obviously a risk that you could end up losing part of this in a divorce settlement.

How a prenuptial agreement protects you

If you have assets before getting married, a prenuptial agreement would set out ahead of time how they would be treated in a divorce. For example, the agreement could specify that the spouse would get a certain percentage of these assets in a settlement. It could even keep your family’s money out of a divorce settlement in its entirety. Many people opt for prenuptial agreements when their family is wealthy and family members are worried that the assets may be at risk in a divorce.

In order to begin the process of negotiating and drafting a prenuptial agreement, you may want to see a divorce attorney. While you may hesitate to see a divorce attorney before you are even married, these legal professionals likely know how these assets would be treated in court if the marriage ended. The attorney may help you with suggestions for a balanced way to treat these assets that would stand up in court if the prenup were ever challenged.

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