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Benefits of a Prenuptial Agreement on a Divorce

When going into a marriage, divorce is usually the last thing on your mind. You are hopeful for the future with your spouse and likely want to avoid discussions about the potential “what ifs.” However, whether you want to admit it or not, divorce is relatively common these days. When couples go through the divorce process, there is often stress associated with the decisions that come with separation.

However, there are ways to ensure that divorce is less stressful than usual. For example, prenuptial agreements are documents that can stipulate what will happen in the event of a divorce. The Law Office Of Yeazell And Sweet can help explain all of the benefits of these agreements to you.

1. Open Conversations

By going through the process of creating a prenup, you and your spouse will have to have difficult conversations about finances and other important assets. For many couples, this process seems nearly impossible, assuming that it will have a negative impact on the marriage. However, this does not have to be the case.

By tackling a difficult conversation and working together with your spouse, you are building the foundation for a positive, communicative marriage. In the event of a divorce, you and your spouse will have already navigated many of the complicated aspects of separation.

2. Helps Define Property

One of the most challenging aspects of divorce is the property division process. People care about their assets and want to make sure they are appropriately divided. In a prenuptial agreement, spouses can take the time to define marital property.

Deprnding on how many assets the couple shares, the division process can take months in a divorce without a prenup. However, a prenup allows couples to detail which property or assets belong to who if divorce occurs. The courts have to respect this document, saving you time and money in the long run.

3. Protects Your Assets

Sometimes going into a marriage, one spouse will have more assets than the other. While the courts in Florida abide by equitable distribution, you may not get an official say in what you feel belongs to you in traditional divorce processes. In order to protect your wealth and assets, it is best to go into the marriage with a prenuptial agreement signed. In the agreement, you will have the ability to state how you wish to have your assets handled in the event of a divorce.

4. Streamlines Divorce Process

Divorce is a costly process, especially if you and your spouse are not on the same page. While you may agree that you want to divorce, there are many other aspects to consider when separating, such as asset division and managing debts. Furthermore, ending your marriage in the courts is a time-consuming process.

By having a prenup agreement, you enter the marriage on the same page as your spouse. If divorce does occur, and there is no promise that it will, you have already discussed important aspects of separation with your spouse. This will save you both time in the courts, and more importantly, funds and legal fees.

5. Helps Manage Debts

When entering a marriage, one spouse may have more debt than the other. If this is the case, you likely want to avoid sharing debt with your spouse. When creating a prenuptial agreement, you will have the opportunity to discuss debts with your spouse, detailing how you wish to handle them. You can protect yourself from your spouse’s debts, preventing them from transferring over to you in case of divorce.

6. Puts Your Children First

If you have been in previous marriages or have children, you may wish to delegate your assets to them instead of your spouse. You can detail who you want to get your assets in a prenup, such as your children. This helps protect your assets and allows you to protect your children and their right to the specific property.

Work With Experienced Attorneys

When drafting your prenuptial agreement, you must have an experienced attorney to help guide you through the process. By meeting with the team from The Law Office Of Yeazell And Sweet before your marriage, you can save a lot of time and money in the long run. We can help you and your spouse navigate through discussions related to property and assets, leaving you on the same page for your marriage.

 

To schedule a consultation, call our office at (813) 285-5705 or visit us online.