Family Law

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ST. PETERSBURG PRENUPTIAL AGREEMENTS ATTORNEY

PRENUPTIAL AGREEMENTS

We have all heard the jokes and jabs when an older man goes and marries a much younger woman, or when someone marries a “mail order bride” from Russia or Vietnam, but prenuptial agreements can be very beneficial to even marriages with meager earnings and assets.

What is a prenuptial agreement?
A prenuptial agreement (“prenup”) is essentially a contract written by partners before a marriage that agrees on how assets, properties, money, debts etc. will be split in the unfortunate instance if the couple decides to get a divorce. This is especially important regarding adults who have amassed some wealth before entering into a marriage. If a person owns the home the couple intends to live in and never wants to worry about that home being considered a marital asset, a prenup is a great way to make sure that the person keeps the home as their non-marital asset.

Do I need an attorney to have a prenuptial agreement?
Technically no, however because we are dealing with items and assets that have value it is important to give this contract the utmost respect and resources. At Bernstein Law we are experienced in the law and contracts when it comes to prenups and have the experience to know how to word documents to ensure our client has the best chance of keeping their assets to themselves. Plus, in the event of a divorce, you will already have a trusted attorney who can then defend your prenup against your soon to be ex, who will likely try to go after your assets.

How soon before the marriage does Bernstein Law recommend your future spouse see the prenuptial agreement?
The sooner the better. You do not want to wait until right before the wedding to give it to your soon to be spouse. The future Mr. or Mrs. should be given the opportunity to hire an attorney to look over the agreement and negotiate or choose to sign. Having time before the marriage bolsters your argument later if a divorce is filed that they didn’t sign it under duress.

Lack of Proper Disclosure
When asking an attorney to draft a prenuptial agreement you need to be honest. Do not leave out a bank account your fiance’ doesn’t know about because you don’t want to have an argument. Transparency is key when bringing the agreement in front of the judge later on if need be. If you are not 100% truthful, the judge could set aside the entire prenup and leave you naked to defend yourself when it comes to the assets you did list. Nothing is worse than losing thousands and thousands of dollars to hide hundreds.

How do you bring up to your fiance’ that you want them to sign a prenuptial agreement?
You will need more advice from a psychologist than a lawyer on this question. Some people may believe that asking for a prenup is a sign that you do not believe the marriage will last. Remember that a prenuptial agreement talks about what will happen when/if the marriage fails, so you should approach the topic gently. It is always easier if both sides have assets they want to protect.

If you need more information or are ready to get married and need a prenup
If you are considering a prenuptial agreement and need to speak to an attorney for a free consultation please reach out to Attorney Derek Bernstein via email at dbernsteinlaw@gmail.com or by calling his cellphone at 407-405-4684 to schedule an appointment.

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