MIAMI, Florida. These days, many divorce lawyers help clients draft prenuptial agreements. This just makes good sense. Prenuptial agreements help engaged couples have tough financial discussions and also affords these couples important legal protections should they get divorced. Ideally, they also protect both people during a divorce. So, if you’re thinking of signing a prenuptial agreement before you get married, it is important for each person to have a lawyer representing them. It is also important to understand that not all prenuptial agreements may be seen as equally valid by a judge. How can you avoid some of the biggest mistakes? Here are a few:
Signing the agreement too late. According to CNBC, ideally, you and your partner should sign your prenuptial agreement as soon as possible after you are engaged. If you wait too long before your wedding to finalize your agreement, one party can later claim that they were coerced into signing the agreement. After all, who wants to call off a wedding that’s been planned, paid for, and for which their whole family has purchased flights to attend? Before you get to this stage of your wedding planning, have your prenuptial agreement signed.
Be honest. It is important that each party understand the other party’s full financial situation. This includes debts, assets, and other financial instruments. Hiding assets in a prenuptial agreement can render the agreement invalid and can lead to greater losses should you and your partner get divorced.
File the paperwork properly. According to Forbes, the simple mistake of failing to file paperwork in the required manner can render a prenuptial agreement invalid. While planning your wedding, little details can sometimes be easy to miss. Having a qualified prenuptial agreement lawyer on your side, like Sandy B. Becher, P.A. in Miami, Florida can help you plan ahead and get all the details right.
The prenuptial agreement only protects one party. Prenuptial agreements are often requested by the partner bringing in more assets into the marriage. A sound prenuptial agreement will make clear which assets are being brought into the marriage and which assets are separate property. However, a prenuptial agreement that only favors one party is likely to get tossed. Having a qualified lawyer on your side to help you understand what courts will look for and help you understand your rights in general can be immensely helpful. Each party should also have their own attorney to represent them before signing a prenuptial agreement. If one party later claims they didn’t know what they were signing, this can also create problems.
If you are planning to get married, do you know your rights about what assets are yours and which will be shared in the marriage? If you don’t, now might be a good time to speak to Sandy B. Becher, P.A., a prenuptial agreement lawyer in Miami, Florida. Our firm can review your financial picture, help you understand how a future divorce could potentially impact you financially, and help you draft a sound prenuptial agreement to protect your assets and your rights.
