How do I write a prenup that will hold up in court?

While it isn’t exactly romantic to ask your soon-to-be-spouse to sit down with you and your family law attorney so you can all write up a solid prenuptial agreement together, it is a step in the right direction if you are looking to protect your assets in the event your marriage doesn’t last. Prenups, when written correctly and in accordance with the law, are legal documents that “specify how couples will divide their assets if they split” [Source: CNBC]. Generally, when a couple decides to divorce, not that your marriage will end that way, all their assets, debts, inheritances, etc. are divided equally among both parties.

Although this might sound like a fair practice to follow, especially if you devoted years and years of your life to one person, there are some assets an individual enters into a marriage with that they wish to maintain possession over and not have to give up. For example, if you know you are going to be inheriting a large sum of money right after you get married, you may not want to have to give up half of that inheritance in the event you get divorced. The same might apply to property or other assets that were handed down to you that you would like to keep within your family.

 

So, if you are someone who lives in Fort Lauderdale and either owns property, recently acquired an inheritance, or simply wishes to maintain ownership over certain assets and you want to write up a prenup that will hold up in court, you are going to need to hire an experienced Fort Lauderdale, FL family law lawyer to help you. It is important that you have a patient and knowledgeable attorney who will walk you through the steps associating with drafting a prenup to ensure your legal document is worded correctly and adheres to state laws. If you fail to hire a lawyer who knows how to do this, you risk losing your assets if you and your partner decide to divorce.

 

What are some tips for writing a strong prenup that will be enforced in court in the event I divorce?

 

According to a celebrity divorce lawyer, there are a few things you are going to want to do when drafting your prenup to ensure it holds up in court. Some of these things include:

 

• Be honest during the process. “If you want to make sure that a prenup sticks, the guide is transparency.” When it comes time to list all the assets you currently have or those you expect to receive in the future, be honest. If you fail to disclose all of your assets and you and your partner do wind up divorcing, you could easily lose the asset you were initially trying to hide.

 

• Don’t pressure your soon-to-be-spouse into agreeing to something he or she doesn’t feel comfortable with. This could harm you later on down the road as your partner could say you forced them into signing the agreement which could result in a judge not enforcing the document. Instead, it is recommended that you both hire your own family law attorneys and take your time with the document. You want to be sure you and your partner are satisfied with the terms set forth in it so that in the event you divorce, there is less confusion when it comes time to establish what is considered marital property and what would be classified as separate property.

 

If you are ready to begin drafting your prenup or have some questions you would like answered by a legal expert, contact the Fort Lauderdale, FL family law attorneys at King Lindsey, P.A. From writing up prenups to helping couples file for divorce, the lawyers at this firm are qualified to provide you with a range of legal services.

 

King Lindsey, P.A. is located at:

 

633 South Federal Highway, Suite 200 B

Fort Lauderdale, FL 33301

Phone: 954-867-6518

Website: www.kinglindsey.com