Before getting married, there are several important conversations a couple must have says Helena Y. Farber – Prenuptial Agreement Attorney. Understandably, since these conversations are about complicated and sensitive topics (e.g. finances), couples are likely to put them off until it inevitably comes up during their marriage.
This is true of all relationships, but especially important if one of the parties is bringing significantly more financial assets to the marriage than the other. Prenuptial agreements are the most practical way of bringing these talks to paper and to give everyone peace of mind. These agreements also offer important legal protections to both parties.
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Many people don’t really have a full understanding of what a prenup is, or how they can be beneficial. Farber Law has years of experience writing and defending prenuptial agreements. Unfortunately, there is a lot of misinformation and misconceptions regarding prenups floating around today, so we take some time to address them.
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Prenups are only for the wealthy.
People who are wealthy may already know the importance of having a prenuptial agreement, but the fact is, prenups can be (and are) helpful for almost all couples. Even if you’re only bringing a modest amount of assets to a relationship, they are still your assets, and as such, they should be protected. In addition, a prenup can be written to help protect your future assets, which is especially critical for those who are just starting their career, but have lots of potential. In addition, everyone can benefit from discussing how things will be split up when they are “in the honeymoon phase” and thinking clearly, which often isn’t the case during a divorce. As a divorce lawyer, I’ve seen this happen too often.
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People only ask for prenuptial agreements if they don’t trust their partner.
When one party asks the other party for a prenuptial agreement, it can sometimes trigger accusations of a lack of trust. The key here is tact and communication. The reality is that many people want to entirely avoid conversations about financial responsibility and want to avoid thinking about a wrinkle occurring during the course of the marriage; but if anything, prenups serve to open the conversation with the help of a family lawyer. Think of it this way: you are preparing for the worst while expecting the best. A prenup also offers a greater level of legal protection for what’s yours and what’s theirs, which can actually help to strengthen a relationship.
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Prenups are easily invalidated.
One of the most common misconceptions that exist today is that while a prenup may offer some peace of mind, they can be easily invalidated in court. While no prenup is 100% iron-clad, a well-written prenup that is properly handled will almost always stand up in court. Even in situations where the full prenup isn’t enforced (which is rare), the agreement will illustrate what each party signed up for when the marriage was contracted.
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Prenuptial agreements are expensive.
People often think that a prenuptial agreement will end up costing them thousands of dollars, making it not worth the effort. In reality, a prenuptial agreement or postnuptial agreements in florida can typically be handled in just one appointment, and is surprisingly affordable. This is especially true for those with “average” incomes and assets.
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You can write a prenup on your own.
There are some online DIY services that will print off a generic prenuptial agreement where you just fill in the blanks. While these options may be very cheap, you get exactly what you pay for: a document that isn’t suited for your situation. Every single prenup will be different from the next just like no two couples are exactly alike. Getting help from an experienced divorce attorney will ensure you have the strongest possible prenup (even if you never divorce), and that it covers all the essential aspects for your situation. Divorce lawyers have the experience and expertise with these agreements. Contact Farber Law to schedule an appointment today. We are fluent in both English and Russian, and will be happy to help you with all your family law needs.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas divorce and family law and can help you with Prenuptial Agreement in Florida . She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
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Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.