Prenuptial Agreements

FORT LAUDERDALE PRENUPTIAL AGREEMENT ATTORNEYS


Dedicated Attorneys Assisting Spouses Entering or Ending a Marriage

Prenuptial agreements are a topic that many couples discuss prior to getting married. There are many different stereotypes and opinions about this type of agreement. Before reaching a conclusion, you should speak to a lawyer about whether it makes sense for you. Many people mistakenly believe that a prenuptial agreement is only for couples who think that a divorce is likely, but that is not true. Rather than causing disruptions or indicating that a marriage may not last, these agreements allow spouses to determine their own financial destinies and to provide for a smooth and efficient process in the event that the marriage reaches an end. At Stok Kon + Braverman, our attorneys are ready to help people determine whether a prenuptial agreement makes sense for them.

To speak with a Fort Lauderdale prenuptial agreement attorney, contact us online or give us a call today.

Understanding Whether a Prenuptial Agreement is Right for You

In general, a premarital agreement is a contract between two individuals who are preparing to be married. The contract determines many different issues and items in the event that the parties ultimately decide to seek a divorce. Many people think that you must have substantial assets for a prenuptial agreement to be worthwhile, but that is misleading. There are many types of individuals who may benefit from a prenuptial agreement, including individuals who own any property or assets that they wish to retain in the event of a divorce—this could be land, personal property, or a business.

When it comes to a business, for example, many individuals want to maintain ownership or involvement in a certain business in the event that the marriage fails. The other spouse may attempt to claim a 50% ownership in the business without a prenuptial agreement, even if they did not participate in running or growing the business. An attorney can help you carefully craft an arrangement that preserves your wishes. Also, if you have a child from a prior relationship and want to preserve your existing relationship and custodial rights over that child, a prenuptial agreement will allow you to achieve this (as noted below, you cannot make arrangements involving children from the current relationship). Next, couples can use a prenuptial agreement to determine whether one will owe the other alimony upon a divorce. The spouses may want to make an agreement about whether one of them will remain at home to care for any children while the other works to support the family. The individual who remains at home could claim a right to spousal support upon a divorce without needing to revisit that issue.

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Understanding Whether a Prenuptial Agreement is Right for You


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My fiancé(e) and I both don’t have any significant assets or properties. Do we need a prenuptial agreement?

Although you may not have significant assets or property now, you may still benefit from a prenuptial agreement. These agreements can be used to protect future assets and properties, including future inheritances. Prenuptial agreements can also include provisions regarding shared or separate businesses, marital and individual debts, and more. It is always a good idea to discuss finances with your future spouse, including whether you expect to pool your current and future income, assets, and properties.

Should I get a prenuptial agreement if I have children from a past marriage or partners

If you wish to ensure that your children from a past relationship will inherit your assets and/or properties when you pass away, it is a good idea to create a prenuptial agreement with your new future spouse. With a prenuptial agreement, two spouses can agree that one will waive his or her right to all or a portion of the other’s estate.

Can my future spouse and I arrange for child custody and/or support in a prenuptia

When two parents divorce, the court awards child support and custody according to state law and what it deems the “best interests of the child.” The court’s determination will supersede any other arrangement or contract regarding child custody or support, including a prenuptial agreement with such provisions. In other words, while you can use a prenuptial agreement to outline how you and your spouse would ideally like to arrange child custody and support, the court’s ruling will outweigh the agreement if there are disputes.

To speak with a Fort Lauderdale divorce attorney, contact us online or give us a call today!

UNDERSTANDING WHETHER A PRENUPTIAL AGREEMENT IS RIGHT FOR YOU


In general, a premarital agreement is a contract between two individuals who are preparing to be married. The contract determines many different issues and items in the event that the parties ultimately decide to seek a divorce. Many people think that you must have substantial assets for a prenuptial agreement to be worthwhile, but that is misleading. There are many types of individuals who may benefit from a prenuptial agreement, including individuals who own any property or assets that they wish to retain in the event of a divorce—this could be land, personal property, or a business.

When it comes to a business, for example, many individuals want to maintain ownership or involvement in a certain business in the event that the marriage fails. The other spouse may attempt to claim a 50% ownership in the business without a prenuptial agreement, even if they did not participate in running or growing the business. An attorney can help you carefully craft an arrangement that preserves your wishes. Also, if you have a child from a prior relationship and want to preserve your existing relationship and custodial rights over that child, a prenuptial agreement will allow you to achieve this (as noted below, you cannot make arrangements involving children from the current relationship). Next, couples can use a prenuptial agreement to determine whether one will owe the other alimony upon a divorce. The spouses may want to make an agreement about whether one of them will remain at home to care for any children while the other works to support the family. The individual who remains at home could claim a right to spousal support upon a divorce without needing to revisit that issue.

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Please call us today at (954) 237-1777 or contact us online to arrange an initial consultation.

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IDENTIFYING THE TERMS THAT A PRENUPTIAL AGREEMENT CAN COVER


In Florida, spouses are allowed to utilize a prenuptial agreement to make any kinds of arrangements that do not otherwise violate the law. This gives the parties an enormous amount of freedom when it comes to determining what will happen should a divorce occur. There are a few basic terms that our attorneys often cover in these agreements. For example, each spouse’s rights over any separate or shared property, such as a house that they intend to buy upon marriage, should be addressed. Also, how any assets will be divided at divorce is critically important. This can include existing assets or any anticipated assets that the parties may acquire throughout the marriage, such as real estate, vehicles, or expensive artwork. The prenuptial agreement should also cover what will happen to each spouse’s retirement plans and life insurance policies. If either spouse intends to pursue an educational degree during the marriage, the parties should discuss who will be responsible for paying for the debt if the parties separate before the degree is completed or before the tuition is paid. When it comes to child support and custody (timesharing) for shared children, however, Florida law requires a court order to determine whether each parent will have custodial rights or child support obligations.

CONTACT AN EXPERIENCED LAWYER


If you think that you may be interested in drafting a prenuptial agreement, have questions about the process, or have an existing prenuptial agreement that you need help interpreting, the attorneys at Stok Kon + Braverman are prepared to assist you. Representing clients throughout Broward County, we offer a consultation to help you learn more about your situation and legal options.

Contact us online or call us at (954) 237-1777.

Stok Kon & Braverman Attorneys

REAL CLIENTS. REAL REVIEWS.


REAL CLIENTS. REAL REVIEWS.


Don't Take our word for it. See what some of our clients have to say it.

5
42
Fort Lauderdale, Aventura, Miami, FL | Stok Kon Braverman
"I could not be more pleased with the results and with the law firm. Robert Stok and his law firm took my case and gave me first-class legal representation in a somewhat complicated and difficult situation. They communicated well, worked efficiently, and got the job done with a minimum of anxiety that normally accompanies being involved in a legal proceeding. I could not be more pleased with the result and with the law firm. They are a credit to the legal profession."

Robert B.

Fort Lauderdale, Aventura, Miami, FL | Stok Kon Braverman
5
2023-04-14T08:43:36+00:00

Robert B.

"I could not be more pleased with the results and with the law firm. Robert Stok and his law firm took my case and gave me first-class legal representation in a somewhat complicated and difficult situation. They communicated well, worked efficiently, and got the job done with a minimum of anxiety that normally accompanies being involved in a legal proceeding. I could not be more pleased with the result and with the law firm. They are a credit to the legal profession."