- posted: May 06, 2021
- Blog,  Miami family law lawyers,  Miami FL Divorce Attorney
A Prenuptial Agreement in Divorce - also known as Prenup for short - is a written contract made by two parties before their marriage. This agreement lists all property and debts each owns and details what each person’s property rights will be should the marriage end. Though you may never need it, having one can prove to be great insurance.
A prenuptial agreement can protect children as well. A couple with children from a prior marriage or relationship can use prenups to detail what will happen to properties and possessions when they die to ensure the child will be the only recipient.
They can also guard you against acquiring the other person’s debts. The main component of this is full disclosure. Both parties will need to complete a financial closure statement and fully list out any and all debts. This will protect you from being responsible for someone else’s debt.
Anyone can benefit from a prenup, not just the wealthy. To get one, you will need an attorney to draft an agreement. Each party should bring their own and have their own attorneys. After speaking with your spouse and listing out all assets, debts, and property, they will be able to help you fall in line with state laws and help you know what can and cannot be included.
For a prenup to be valid, it must be in writing, signed by both parties (some states require witnesses), and the document must be notarized. Check with your attorney for full guidelines on validating your prenup agreement.
If you need a prenuptial agreement, Miami Family Law Lawyers and Miami FL divorce attorneys are here to help guide you along the process. For more information, visit us online or call 305.567.9400.