Why You Need a Pre or Postnuptial Agreement

No one gets married with the intention of getting divorced. Most people enter into a marriage expect the marriage to last. They don’t think about what they will do in case the marriage ends, but they should.

If you wait until you are faced with divorce, you may be too emotionally distraught to think clearly enough to fight for your best interests. Your spouse could end up taking your home, your other properties, your money and other marital assets, leaving you with very little or even nothing. On top of the emotional heartbreak you will experience, you will also be dealing with new financial struggles.

By working with a pre and postnuptial agreement lawyer in Tampa, you can make plans for your future while you and your spouse still have each other’s best interests in mind. You will be able to make provisions to divide your assets in a way that is fair to both of you and without the bitter fighting you may face during divorce.

Many people are familiar with the idea of a prenuptial agreement, thanks to notable celebrity examples that wind up in the news. For example, the prenuptial agreement between Catherine Zeta-Jones and Michael Douglas gives Zeta-Jones $2.8 million for each year that the couple was married, in case they divorce. The prenuptial agreement also includes a fidelity clause, which gives Zeta-Jones another $5 million if the reason for the divorce was Douglas’ infidelity.

Many other celebrity prenuptial agreements include clauses for cheating, and some even include them for drug use, such as the agreement between Keith Urban and Nicole Kidman. Their agreement says that if former addict Urban uses drugs during their marriage, he will not get any of Kidman’s fortune.

While you may not have millions of dollars in your bank account, getting a prenuptial agreement can help you protect what you do have — and what you have worked hard to obtain. Your lawyer can help you create an agreement that protects your assets and ensures you maintain the same quality of life even after you are divorced.

You can include provisions for more than the division of finances in your prenuptial agreement. Some agreements can include expectations for behavior, such as how much time you will spend together or whether you will have children together. The only thing that a prenuptial agreement cannot include is an order for child custody or a waiver of child support. These are matters that must be decided by the court.

If you are already married and did not sign a prenuptial agreement, there is still time to work with a pre and postnuptial agreement lawyer in Tampa to protect your rights. A postnuptial agreement can establish all the same provision as a prenuptial agreement, but it is signed after the marriage has already taken place.  Just make sure that you are not making the call to discuss a postnuptial agreement because of an argument you’ve had with your spouse. Otherwise, the negotiation process will be compromised by flaring tempers. It is always best to approach the creation of these agreements with a clear head. You’ll find that you are better able to negotiate a fair division of assets with a minimum of disagreement.

By creating a prenuptial or postnuptial agreement, you can ensure your financial future and protect important assets that you had when you entered into the marriage. Examples include heirlooms that you inherited from your grandparents, or your childhood home.

Call the Law Office of Mark G. Rodriguez to work with an experienced pre and postnuptial agreement lawyer in Tampa. Mark Rodriguez has more than 30 years of legal experience, and guides you through creating the right agreement to protect your interests. Call us at (813) 227-9642 or contact us online to schedule a consultation.