Pre and Post Marital Agreements Attorney in Naples
A premarital or prenuptial agreement is a contract that two individuals contemplating marriage will make. This agreement is effective upon marriage. Although the subjects contained in these agreements cover a wide field of topics, they stipulations normally address spousal support, as well as the division of property.
Numerous reasons exist that demonstrate premarital agreements as prudent decisions. However, regardless of the reason, it is a prudent idea to receive a review of this document by a pre and post marital agreements attorney in Naples before signing.
If you need to enforce this document, one party may challenge its validity if it was not properly prepared. For this reason, a pre and post marital agreements attorney in Naples serves as a crucial resource.
Post Marital Agreements in Florida
While most people hear of a prenuptial agreement, they often express surprise to hear about a similar legal document. This is called a postnuptial or post-marital agreement.
A postmarital agreement is a contract between to individuals that already married. This document will often address similar subjects to those in a prenuptial agreement. The reasons that spouses decide to enter into a postnuptial agreement vary.
Sometimes, individuals already entered into a prenuptial agreement will enter into a postnuptial agreement to amend provisions contained in the aforementioned agreement. This might include adding additional terms or provisions. Many individuals will also conclude that for their marriage to move forward and continue on, they need to establish certain rights through a postnuptial agreement.
Why do Spouses need a Pre or Post Marital Agreement?
No one gets married hoping or expecting to get divorced in the end. For this reason, suggesting a pre or post-marital agreement may often seem distasteful. However, many marriages, unfortunately, do end in divorce.
Entering divorce proceedings equipped with a pre or postnuptial agreement actually eases anxiety and uncertainty in many cases. In the case of a prenuptial agreement, fiancées often discover more security with one another entering into marriage.
Marriages so commonly end over arguments concerning money. However, prenuptial agreements enable couples to enter the marriage with their eyes wide open about the assets, debts, and overall finances that each spouse brings to the table.
While these agreements can benefit virtually any couple, they most often occur in situations with a large disparity in wealth or earning power. A pre or post-marital agreement may assist the lower-earning spouse during a divorce. Contrarily, the greater earner won’t reside at a disadvantage during a divorce.
These agreements additionally remain popular amongst individuals that previously went through a marriage and divorce. They often won’t want to repeat the costly and emotional court battle they experienced in the past.
With a pre or post-marital agreement in place, any divorce is likely less costly, swifter, and less negative than with no agreement. A pre or post-marital agreement may additionally protect any rights of children from previous marriages.
What is the Better Option?
For so many people, conversations about finances, as well as a potential end of a marriage, is uncomfortable. Nonetheless, entering an agreement to protect yourself is a prudent move under numerous circumstances.
If you think of entering the long-term partnership of marriage, it makes ideal sense to establish a financial framework. After all, if you look at a marriage similar to business, you would never enter into a business arrangement without some sort of legal contract in place.
A couple who is not yet married should give some serious consideration to a prenuptial agreement. Prior to marrying, if one future-spouse does not agree with the arrangement with no middle ground, they can simply choose not to marry.
Contrarily, with a post-marital agreement, the couple is already bound legally. For this reason, the spouses owe a fiduciary duty to one another. Some concerns may exist regarding prior provision negotiation in a post-marital agreement due to a lack of choice regarding signing the agreement.
Pre and Post Marital Agreements Attorney in Naples from the Law Office of Madelin Diaz, P.A.
Although no party in a marriage starts out wishing for divorce, transformations can take place in any relationship. However, without proper, well-thought planning to ensure assets, property, and your children’s future remain protected, this is a situation that can get out of hand fast.
These circumstances often require the intervention of a skilled and experienced pre and post marital agreements attorney in Naples. This professional will act as your guide through this unfortunate situation. They will ensure you remain informed of your rights, as well as potential options for the resolution of the divorce.
Our firm the Law Office of Madelin Diaz, P.A. wields significant experience concerning pre and post marital agreements. We know what these agreements require concerning creating a fair and mutually equitable post-marital agreement. Our attorneys will help you create an agreement that protects both estates, in addition to any children and their futures.
As you and your spouse consider entering a nuptial agreement, or revising and reestablishing an existing agreement, a pre and post marital agreements attorney in Naples may represent precisely the resource you need for an optimal outcome.
For more information on these nuptial agreements, as well as how our post marital agreements attorney in Naples can assist your situation, contact the Law Office of Madelin Diaz, P.A. today! Don’t find yourself in a disadvantageous position regarding a divorce. Protect yourself with a professionally-cultivate pre or post-marital agreement!