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Prenuptial Agreement Q&A

Posted on : May 25, 2015

Getting married is an exciting time in anyone’s life, and it’s easy to overlook some important details when you have so much planning to do. Creating a prenuptial agreement is one important step to consider. While many people believe prenups to be unromantic, those whose marriage ended in divorce often wishes they had one. Here are the answers to your most important questions about prenuptial agreements and how to take the next step.

What Can a Prenup Do?

A prenup is designed to protect you financially in the event that you and your spouse divorce. It can protect the assets you had before the marriage from being part of your “marital property” when you divorce, and it also can protect you from assuming any debts that your spouse had before your marriage. Having a prenuptial agreement can help you avoid litigation regarding certain financial matters, allowing the divorce to be as smooth as possible.

What Can’t a Prenup Do?

A prenup cannot determine child custody or child support. These things must be mediated or litigated at the time of the divorce. Depending on your situation, there may be other things that a prenuptial agreement won’t cover, so it’s best to check with an experienced prenup attorney in your area before getting married.

What Makes a Prenuptial Agreement Valid?

A prenuptial agreement must be entered into willingly and with full disclosure. One spouse cannot hide assets or debts from another before creating the prenup, and neither spouse can be coerced or threatened into signing the prenup. When a couple decides to get a divorce, the circumstances surrounding the creation of the prenuptial agreement will likely be examined. If it is found that one spouse was coerced at the time the prenuptial agreement was made, or that one spouse did not disclose all their assets before signing the agreement, the agreement may be invalid. If a prenuptial agreement is invalid, the state’s laws regarding divorce and property division will remain in effect.

Can You and Your Spouse Use the Same Attorney?

It’s never a good idea for you and your spouse to use the same attorney when creating a prenup. This is considered a conflict of interest. By working with your own attorney, you can be certain that your best interests are prioritized.

Contact an Experienced Prenuptial Agreement Attorney

Before getting married, consider consulting with an experienced prenuptial agreement attorney regarding your financial circumstances. Only a family lawyer can help you determine whether signing a prenuptial agreement is the right move for you. Mindi Lasley, P.A. can help you evaluate your situation and give you the information you need to make critical decisions about your marriage and your financial future. Call today for a consultation at (813) 873-9047.


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