Prenuptial Agreements
Prenuptial Agreements in Tampa
A prenuptial agreement is an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage fail. It can protect the inheritance rights of children and grandchildren from a previous marriage. It can protect a party’s business or professional practice, so that it is not divided and subject to the control or involvement of the other party upon divorce. It can protect the debt-free spouse from having to assume the obligations of the other. If a party plans to give up a lucrative career after the marriage, a premarital agreement can ensure that s/he will be compensated for that sacrifice if the marriage does not last. It can cover any of the details of decision-making and responsibility sharing to which the parties agree in advance. It can limit the amount of spousal support that one spouse will have to pay the other upon divorce. It can protect the financial interests of older persons, persons who are entering into second or subsequent marriages, and persons with substantial wealth.
Prenuptial Agreement Solutions
Open Palm Law can negotiate and draft your prenuptial agreement so that it cannot be set aside in a divorce. We can also review and negotiate an already-drafted prenuptial agreement. Let us help you!
FAQs for Prenuptial Agreements
Do I need a prenuptial agreement?
You may. Prenuptial agreements are important for a couple who wish to avoid heated litigation should their marriage end in divorce. A prenuptial agreement can be used to determine how their assets and liabilities should be distributed or how much alimony should be paid.
Can I negotiate child support and custody in a prenuptial agreement?
No. Those issues must be negotiated or ordered at the time of the divorce proceedings. The best interests of the child will prevail. Child support must be pursuant to the child support guidelines in most cases.
How soon before my wedding should I discuss my prenuptial agreement with my future spouse?
You should discuss your desire to enter into a prenuptial agreement as soon as possible to avoid the appearance that the agreement was entered into under duress. Your future spouse should have sufficient time to consult with her own attorney, review your financial documents, and negotiate the terms of the agreement. Do not hand her the proposed agreement for the first time as her family is flying into town for your wedding weekend!
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Open Palm in Tampa, Florida is proud to present our firm’s founder, Joryn Jenkins. Please take a moment to read about her qualifications to assist you. We also invite you to view her resume.
In the beginning, Ms. Jenkins worked for one of the ten largest law firms in the country in its Washington, D.C. office. After nearly three years practicing in all aspects of regulatory law, she took a break from big firm life to work exclusively for one of her own clients on a class action involving more than fifty sex discrimination claims in California. When she returned to the East Coast, she accepted an offer from the state attorney in Tampa, E.J. Salcines (now an appellate judge). CONTINUE READING…