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!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Clearwater, FL

Do I Need a Lawyer for a Prenuptial Agreement in Clearwater, FL


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
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 Clearwater, FL
Borja Mary Ellen
2536 Countryside Blvd # 100
Clearwater, FL 33763
(727) 791-9911
Family Law Attorneys,  Attorneys,  Mediation Services,  Arbitration Services,  Legal Service Plans
Lucas Green & Magazine
2600 McCormick Drive, Suite 150
Clearwater, FL 33764
(727) 499-9900
Attorneys,  Criminal Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal Injury Law At
Darren Finebloom
4500 140th Ave N Ste 219
Clearwater, FL 33762
(941) 257-9868
General Practice Attorneys, Attorneys
Carrion Ramon
28163 US Highway 19 N Ste.100
Clearwater, FL 33761
(727) 799-9855
Immigration Law Attorneys, Attorneys, Legal Service Plans
Griffin Linda S
1455 Court St
Clearwater, FL 33756
(727) 449-9800
Wills, Trusts & Estate Planning Attorneys, Attorneys, Probate Law Attorneys, Legal Service Plans
Ingram Timothy M
2201 NE Coachman Rd
Clearwater, FL 33765
(727) 723-9800
Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Legal Service Pla
Heptner Bridget Law Office Inc
2560 Gulf To Bay Blvd # 250
Clearwater, FL 33765
(727) 726-9799
Attorneys, Family Law Attorneys, Divorce Attorneys, General Practice Attorneys, Legal Service Plans
Robert M. Valentine
4500 140th Avenue N, Suite 118
Clearwater, FL 33762
(813) 435-9797
Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Wills, Trusts & Estate Planning Attorneys,  
Finebloom & Haenel, P.A.
4500 140th Ave N Ste 101
Clearwater, FL 33762
(727) 217-9795
Criminal Law Attorneys, Attorneys
Bangos Jason
15506 Roosevelt Blvd # A
Clearwater, FL 33760
(727) 531-9660
Attorneys, General Practice Attorneys
Pennington Law Firm
133 N Fort Harrison Ave
Clearwater, FL 33755
(727) 449-9553
General Practice Attorneys, Attorneys
Pennington Moore Wilkinson
1230 S Myrtle Ave
Clearwater, FL 33756
(727) 449-9553
Real Estate Attorneys, Patent, Trademark & Copyright Law Attorneys, Attorneys
Nilsson Steven G Attorney
2536 Countryside Blvd
Clearwater, FL 33763
(727) 725-9488
General Practice Attorneys, Attorneys
Steeves Michael B
1414 Court St
Clearwater, FL 33756
(727) 441-9478
Family Law Attorneys,  Attorneys,  Divorce Attorneys,  General Practice Attorneys
Steeves Michael B Pa Attorney
1414 Court St
Clearwater, FL 33756
(727) 441-9478
Family Law Attorneys, Attorneys, Divorce Attorneys, Child Custody Attorneys, General Practice Attorn
Alford Richard L
1700 N McMullen Booth Rd Ste C4
Clearwater, FL 33759
(727) 725-9390
Civil Litigation & Trial Law Attorneys, Attorneys, Legal Service Plans
Baker Law Firm PA
51 S Main Ave
Clearwater, FL 33765
(866) 452-9384
Family Law Attorneys, Criminal Law Attorneys, Attorneys, Civil Litigation & Trial Law Attorneys
Family Law Solutions
2575 Ulmerton Rd
Clearwater, FL 33762
(727) 572-9357
Family Law Attorneys
Todd Robert M
2575 Ulmerton Rd Ste 210
Clearwater, FL 33762
(727) 572-9357
Family Law Attorneys, Attorneys
Robert L Hambrick
5045 E Bay Dr
Clearwater, FL 33764
(727) 530-9256
Criminal Law Attorneys, Attorneys
Callender John F
4500 140th Ave N # 101
Clearwater, FL 33762
(727) 507-9165
Wills, Trusts & Estate Planning Attorneys, Attorneys, Civil Litigation & Trial Law Attorneys, Legal
Robert M. Todd, P.A.
13555 Automobile Blvd Ste 440
Clearwater, FL 33762
(727) 561-9119
Family Law Attorneys, Attorneys
Fishman Steven M
2454 N McMullen Booth Rd Ste 607
Clearwater, FL 33759
(727) 724-9044
Bankruptcy Law Attorneys,  Attorneys,  Legal Service Plans,  Wills, Trusts & Estate Planning Attorn
Sartes Peter A
601 Cleveland St # 800
Clearwater, FL 33755
(727) 441-9030
Accident & Property Damage Attorneys,  Attorneys,  Legal Service Plans,  Criminal Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US