Be Careful Asking for a Prenuptial Agreement

signing agreementMany people believe a Prenuptial Agreement, or prenup, is a bad idea because it implies they are planning on a divorce at the same time they’re planning a wedding. But the truth is, a Prenuptial Agreement protects both spouses financially in case of divorce, disability, or death. Here, we answer some common questions about Prenuptial Agreements.

Just because it is a good idea doesn’t mean that it is in your best interests to ask for one. There is a significant risk that your asking for an agreement could cause enough friction to break up the relationship. I know of more than one situation where this has happened.

Maybe your intended is OK with the idea. You wait until their friends hear about it and fill your intended with all sorts of ideas. Are you ready for that?

What happens if there is no prenuptial agreement and you get a divorce? This means that most assets or liabilities accumulated during the marriage would be divided equally between the parties. However, individuals are able to retain assets they brought into the marriage and kept separate.  That doesn’t sound so bad, does it?

What if you accumulate assets during the marriage? Isn’t it possible that the fair thing to do is to split those assets?

OK, what if you have rich parents and they are 90 years old? That kind of changes your perspective doesn’t it.

It is helpful to have a Prenuptial Agreement ahead of time that allows you to retain specific property for family heirs or favored charities. Maybe you don’t want the court to give your special heirlooms to your intended’s spoiled children. That’s food for thought.

In any case, you have to decide if that property you are trying to protect is more important than your relationship, because that is the choice that you may be making. However, if you decide to get a prenuptial agreement, call Steve Hair.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor. For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

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