Prenuptial & Postnuptial agreements are a hot topic now, especially with the news of the Jeff and MacKenzie Bezos (of Amazon) divorce. Whether you’re engaged or currently married, at Anton Garcia Law we highly recommend having protection in place as opposed to hoping you’ll be covered later. It is much easier to take precautions with pre- or postnuptial agreements. Our Tampa divorce attorneys give steps you can take in order to help protect yourself against future problems and a lengthy, painful divorce process in the future.
What is a Prenup/Postnup?
First, a prenuptial agreement (prenup) clarifies your financial rights and obligations, offers protection from debts and settles property rights before you get married. A postnup works the same but is after you’re married.
Some couples are choosing to view postnuptial agreements to make sure that both parties are taken care of in the event of a divorce. Rather than looking at the agreement as a form of protection, many view postnuptial agreements to do the right thing when times are good, ensuring the person they love will be protected if the relationship fails. A postnuptial agreement can also be used to lay the groundwork for a less contentious and drawn-out divorce.
What to Do BEFORE You Sign a Prenup or Postnup
Read before signing. In full. All of it. We can’t stress this enough. Many people will skim through instead of reading these very important documents thoroughly. You should not rush to sign an agreement just because the other party may be in a rush.
A pre- or postnuptial agreement can affect the rights, obligations, and ownership rights for years to come. They can impact your future children. In second marriages, they can be even more important in the case of death or incapacitation. Parties should read the document carefully, making sure they understand the various provisions of the agreement.
Keep in mind prenup/postnup agreements may be confusing to read. In this case, it’s a good idea to seek the help of an experienced attorney. A trusted lawyer will answer any questions about the language or impact of any provisions.
Be wary of DIY agreements. Even if one party believes they can create a pre- or postnuptial agreement, it does not hurt to have a second set of eyes (with legal experience) look over the agreement. Small variations in the way a provision is worded can produce headaches later in Florida divorce court.
Do not sign if you are uncomfortable. Especially in the case of a prenuptial agreement, one party may have reservations about the agreement but not want to disappoint the other. Even so, you should not sign an agreement if you have reservations about it.
Speaking with an attorney can help you understand the potential benefits or risks of a proposed prenup or postnup agreement so you know what you’re agreeing to now, and how it could impact you, later on, should you file for divorce.
Consider hiring Anton Garcia Law. We have experience with creating favorable prenup/postnup agreements. We represent our client’s best interests, fighting to make sure provisions favorable to your needs (now and in the future) are included. Want to learn more about creating a prenup/postnup that suits your needs and protects you in the case of divorce? Anton Garcia Law firm in Tampa Bay and Pasco County can help; call us to set up an in-depth consultation for your prenuptial or postnuptial agreement today.