Law Office of Daniel E. Forrest, P.A.

Although it is common to approach marriage from the viewpoint that it will last, divorce is a significant reality for many couples, and property division decisions can be contentious. Planning for the possibility may limit difficulties if the issue arises, especially if you have significant assets or own a business that could be affected by divorce action later on. The use of a prenuptial agreement may enable you to define separate holdings and to create a plan for property division if you later divorce. By not planning carefully through a prenuptial agreement, you could be required to split important holdings with your partner.

A serious concern in drafting your prenuptial agreement is whether it will be viewed as valid later on. Legal challenges to such agreements are common, especially if a spouse's net worth is significant or if a separate business or property gains in value over the course of the marriage. Protecting your agreement from challenges may depend on appropriate wording and on the manner in which the document is reviewed and signed by your fiancee.

Although there may be agreements available online, preparing one on your own can leave you far more vulnerable to a challenge. Your agreement should be customized to fit your particular situation. In preparing a prenuptial agreement, it may be helpful to discuss issues that could later cause separate assets to be viewed as marital assets subject to property division. We can provide you with advice about handling inheritance funds and other holdings to avoid commingling and having them being classified as marital assets.

Even if your current assets seem insufficient to warrant a prenuptial agreement, you may want to discuss these issues with an experienced lawyer to evaluate whether such a plan fits your needs. For more information on this matter, you are invited to visit our prenuptial agreement page.

Source: Law office of Daniel E. Forrest, P.A. , "Fort Lauderdale Prenuptial Agreement Lawyer", December 03, 2014

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