Dear Casine:
Congratulations on your upcoming marriage! If you are considering a prenuptial agreement, then you would want to see a family law/marital attorney.
Prenuptial agreements (also called antenuptial agreements) allow couples to discuss a lot of matters in advance and really think about what they want to do when it comes to finances. Althought it is often a difficult subject to bring up, I believe that a frank and candid discussion of these sensitive topics prior to a marriage often helps make the marriage stronger.
We can craft a document that allows the parties to determine, before marriage, what rights each will have to the assets and liabilities of the other party, what assets and liabilities you wish to comingle or keep separate upon marriage and how each party's estate will be handled upon the first to die. AS to the first topic, peolpe often think if they keep asset separate during a marriage then it does not become subject to division if the parties divorce. This is not entirely true and that is why pre planning is important. This last part is particularly important as well because, under Florida law, even if you leave nothing to a spouse, the surviving spouse still may elect against a will and inherit assets that you may have wished to leave for your children.
In addition, you may wnat to see an estate planning attorney. These attorneys specialize in creating a plan for your spouse and your assets that minimize taxes and allow you to plan in advance for the distribution of these assets upon your death. This may include creating trust that can protect assets now and in the future.
Since you have obviously already taken the right step in thinking about these matters, you should contact both types of attorneys and set up a consultation before your wedding. You may even find "one-stop shopping." I am a family and marital attorney and I share space with an excellent estate planning and tax attorney.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A
Broward/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
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