12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Orientation to Pre-Nuptial Agreements in Cape Coral, FL

Orientation to Pre-Nuptial Agreements in Cape Coral, FL


A successful marriage requires falling in love many times, always with the same person.
 
- Mignon McLaughlin


A prenup is a contract entered into prior to marriage, civil union or any other agreement that typically includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.

Premarital Agreement is a newer term used to refer to this document. In some states it is called an antenuptial agreement or simply a contract. If contact or agreement is signed after marriage it is known as postnuptial or marital agreement.

Who Needs a Prenuptial Agreement?

Prenups are not just for affluent people. This is commonly perception because prenuptials are often used as a means to protect the assets of the rich. Presently, couples of modest means use this agreement as a means to achieve their goals such as:

• Passing on separate properties to children from prior marriage. Having a prenuptial agreement by couples who have children from prior marriages can be a binding document which can be used to bequeath their respective children property if they pass away. The surviving spouse can usually claim a larger share of the property in the absence of a prenuptial agreement.

• Financial rights. This document can clarify the financial rights and responsibilities of couples, with or without children, wealthy or not.

• Avoid conflict during a possible divorce in the future. Having a prenuptial agreement can prevent potential arguments about the financial settlements and division of property during a divorce. Less uncertainty may lead to less acrimony. Some states will scrutinized heavily if a spouse gives up the right to alimony. It may not be enforced if it was found that the spouse did not understand what they were signing.

• Get protection from debt. Prenups can address a variety of issues and can help protect spouses from each other's debts.


Having No Prenuptial Agreement

During divorce or death, state law will determine who will own the property acquired during the course of marriage when no prenuptial document is available. Depending on the state, this acquired property may be known as marital or community property.

Since marriage is considered as a contract between two people, certain automatic property rights can accompany the union. Without a prenuptial agreement, the spouse has the right to:

• Shared ownership. Property acquired during the course of marriage is expected to be divided by the spouses in case of death or divorce.

• Debts incurred during marriage that the other spouse may have to pay

• Marital or community property, which has to be shared in terms of management and control. The spouse can have the right to sell or give it away.


These are just a few of the things that may occur in a marriage without a prenuptial agreement. If this is not your preference, signing a prenup agreement is a good way to let you and your partner decide how your property should be handled. These laws are also known in other names such as marital property, probate laws and divorce.

How to Make Sure Your Prenuptial Agreement is Valid

Historically, courts were suspicious of prenups because they usually involved a waiver of legal and financial benefits by a less wealthy and less financially sophisticated spouse. As divorce and remarriage have become more prevalent, and with more couples opting for prenups, courts are increasingly willing to enforce Premarital Agreements. Nevertheless, a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside.

It is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. You can check out a free preview of a prenup at 12Law.

 
Personalize & Print a Free FL Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Cape Coral, FL
Guirguis Vernon
1423 SE 16th Pl
Cape Coral, FL 33990
(239) 573-9939
General Practice Attorneys, Attorneys
Henshaw Sigrid M
2313 SE 27th Ter
Cape Coral, FL 33904
(239) 772-9339
Attorneys
Heffington Scott E
1314 Cape Coral Pkwy E # 313
Cape Coral, FL 33904
(239) 542-9311
Attorneys, Social Security & Disability Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Le
Mark Smith Law Firm P.A.
1617 Santa Barbara Boulevard, Ste 7
Cape Coral, FL 33991
(239) 673-8991
Automobile Accident Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal Injury Law Attorne
Wright Law Firm
2735 Santa Barbara Blvd Ste 201
Cape Coral, FL 33914
(239) 673-8757
General Practice Attorneys, Attorneys
Ask Swfl
210 Del Prado Blvd S # 3
Cape Coral, FL 33990
(239) 275-7935
Attorneys Referral & Information Service,  Attorneys,  General Practice Attorneys,  Legal Service Pl
Greene & Tischler, P.A.
2503 Del Prado Blvd S Suite 402
Cape Coral, FL 33904
(239) 791-7126
Attorneys,  Criminal Law Attorneys,  Juvenile Law Attorneys,  Social Security & Disability Law Attor
Berke Bill B
1003 Del Prado Blvd S # 300
Cape Coral, FL 33990
(239) 549-6689
Attorneys,  Personal Injury Law Attorneys,  Family Law Attorneys,  Labor & Employment Law Attorneys,
Toll Law,
1323 Lafayette St
Cape Coral, FL 33904
(239) 330-6613
Family Law Attorneys, Attorneys
Toll Matthew
1420 SE 47th St
Cape Coral, FL 33904
(239) 233-6561
Family Law Attorneys, Attorneys, Real Estate Attorneys
Juan J. Piles
1212 Country Club Boulevard, Suite 201
Cape Coral, FL 33990
(239) 443-5900
Bankruptcy Law Attorneys,  Divorce Attorneys,  Real Estate Attorneys,  Wills, Trusts & Estate Plann
Avard Law Offices PA
875 SE 47th Ter
Cape Coral, FL 33904
(239) 443-5706
Commercial Law Attorneys,  Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal Injury Law
Zinn, Brian Goldstein Buckley Cechman Rice
1603 Hancock Bridge Pkwy
Cape Coral, FL 33990
(239) 574-5575
Accident & Property Damage Attorneys,  Attorneys,  Bankruptcy Law Attorneys,  Legal Service Plans
Ball Dixie Lee
1420 SE 47th St # A
Cape Coral, FL 33904
(239) 549-5551
Attorneys,  Family Law Attorneys,  Mediation Services,  Wills, Trusts & Estate Planning Attorneys,
Patterson Eskin & Ball Attys
1420 SE 47th St Ste A
Cape Coral, FL 33904
(239) 549-5551
General Practice Attorneys, Attorneys, Legal Service Plans
Hino Roxanne
1420 SE 47th St
Cape Coral, FL 33904
(239) 549-5551
Attorneys, Legal Service Plans
West Coast Recovery & Svc
1325 SE 47th St # D
Cape Coral, FL 33904
(239) 540-5400
Bankruptcy Services,  Attorneys,  Business Bankruptcy Law Attorneys,  Bankruptcy Law Attorneys
Busatta Thomas
1510 Hancock Bridge Pkwy # 2
Cape Coral, FL 33990
(239) 242-5291
Attorneys,  Attorneys Referral & Information Service,  General Practice Attorneys,  Family Law Attor
Paul V Scott
5302 Delano Ct
Cape Coral, FL 33904
(239) 549-5208
Criminal Law Attorneys, Attorneys, Legal Service Plans
Warchol, Merchant & Rollings, LLP
1633 SE 47th Ter
Cape Coral, FL 33904
(888) 774-4978
Civil Litigation & Trial Law Attorneys,  Attorneys,  Commercial Law Attorneys,  Litigation & Tort At
Adamski Robert C Atty
1714 Cape Coral Pkwy E
Cape Coral, FL 33904
(239) 542-4733
Attorneys, Probate Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys,
Berman & Berman
1714 Cape Coral Pkwy E
Cape Coral, FL 33904
(239) 829-4633
Personal Injury Law Attorneys, Civil Litigation & Trial Law Attorneys, Attorneys
Accident & Bankruptcy William G Whitcomb
1639 Cape Coral Pkwy E
Cape Coral, FL 33904
(239) 217-4176
General Practice Attorneys, Attorneys
Budget Divorce Center
1423 SE 16th Pl Ste 102
Cape Coral, FL 33990
(239) 574-4171
Family Law Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US