Divorce can be incredibly stressful, and not having a prenuptial agreement in place only heightens the stress. The family law office of Matthews & Jones, LLP is here to provide you with four things to include when drafting your prenuptial agreement.
Division Of Property
When drafting a prenuptial agreement, it is critical to include a section outlining each party’s property rights. Real estate, investments, and retirement accounts should all be included. It should also include items that each party will keep, such as family heirlooms or other personal belongings.
Division Of Each Spouse’s Responsibilities
A prenuptial agreement spells out each spouse’s marital obligations, including who will be responsible for paying bills, how to handle joint bank accounts, how much each spouse should put into the savings account, and even how to resolve disagreements.
Inheritance
If either spouse has a large inheritance or family trust fund, the prenuptial agreement should include a clause stating that the inheritance or trust fund will remain separate property in the event of a divorce. This will prevent the other spouse from attempting to claim a portion of the inheritance or trust fund during the divorce.
Waiver Of Alimony Rights
In most marriages, the lower-earning spouse may be entitled to alimony payments from the higher-earning spouse. A prenuptial agreement can be used to impose specific provisions for spousal support or even to waive the right of one spouse to a prenuptial agreement. If the judge finds the conditions to be unjust, the case may be dismissed.
Matthews & Jones, LLP has been a trusted family attorney in Northwest Florida and specializes in multiple practice areas, including family law. In the unfortunate event that you require legal services, contact us and see how we can help.