James R. Schaffer, P.A.

Managing Prenuptial Agreements

Couples may choose to enter into a prenuptial agreement for many reasons. A premarital agreement allows couples a way to openly and honestly communicate. This agreement addresses important issues and allots a space where worst-case scenarios and the unexpected can be addressed in a loving and professional manner. At James R. Schaffer, P.A., our attorney can assist couples with drafting thorough agreements and fight to ensure that agreements are upheld.

Addressing Concerns With Compassion And Care

Regardless of wealth or number of assets, couples should consider a prenuptial agreement. The ever-changing economy, an increase in second marriages, active young professionals and a trend toward tying the knot later in life all add to the need for a well-drafted agreement.

The main purpose of a prenuptial agreement is to help minimize disputes in the event of divorce, but the conversation generated by creating a prenup can offer a space to address financial concerns, potential inheritance, debts and other vital information that can be beneficial to both parties.

Items that couples can discuss and plan for include:

  • Assets and property brought into the marriage by each person
  • How assets and finances should be divided in the event of divorce
  • How certain bills will be paid throughout the marriage
  • The protection of estates one or both parties may inherit
  • Who will be liable for past, current or accrued debt
  • What finances will be kept separate
  • How retirement and pension plan contributions will be addressed
  • Financial interests of children from prior relationships

Couples often want to include guidelines regarding potential children in their premarital agreements. Unfortunately, prenuptial and postnuptial agreements cannot address issues related to child support or timesharing.

Helping You Negotiate, Draft And Execute Arrangements

Postnuptial agreements are designed to assist couples when a marriage ends or when one spouse dies. A postnuptial agreement can settle finance- and asset-related issues.

You must meet strict standards for these agreements to be considered valid. When crafting an agreement, the following criteria must be met:

  • The agreement must be in writing.
  • Both parties will sign the agreement voluntarily and without coercion.
  • Both parties must disclose all assets and liabilities.
  • The agreement must be notarized.

Assisting As You Secure Your Future

Experienced legal counsel can be a vital asset as you prepare and execute your prenuptial agreement. James R. Schaffer, P.A., will help you negotiate, draft and defend your prenuptial or postnuptial agreement. In the event of a dispute, we will use our extensive litigation experience to fight on your behalf. Contact us at our Florida office today. Located in Tampa, we serve clients throughout Hillsborough County and the surrounding area. Call 813-314-7218 to set up an appointment with a knowledgeable lawyer today.