Prenuptial Agreement Attorney in West Palm Beach
Prenuptial & Postnuptial Lawyers Serving Palm Beach County
Prenuptial agreements are legal documents that a couple signs before they get married so that they both control the distribution of property and assets in the event of a divorce. It is a preemptive strike that is designed to avoid a costly and acrimonious divorce, because all major financial issues have already been settled.
Wealthy people often use prenuptial agreements to protect the financial assets they have earned prior to a marriage, but these agreements also serve other purposes, such as protecting one party from having to assume the debts of another, and protecting specific assets from being taken by the other party. To ensure that a prenuptial agreement will stand up to legal scrutiny, it is always best to seek the counsel of a family lawyer before signing this type of document.
Protect Your Assets with a Prenuptial Agreement
Getting married is an exciting time, but it's also important to consider the legal aspects of your union. A prenuptial agreement can provide peace of mind and protect your assets in the event of a divorce or separation. At The Law Office of Eric C. Cheshire, our experienced prenuptial agreement lawyers can help you navigate the complexities of creating a legally binding agreement that suits your unique needs.
Benefits of a prenuptial agreement include:
- Asset protection: A prenuptial agreement allows you to clearly define and protect your individual assets, ensuring that they remain yours in the event of a divorce.
- Debt protection: By outlining the responsibility for pre-existing debts, a prenuptial agreement can shield you from being held liable for your spouse's financial obligations.
- Clarity and fairness: A well-drafted prenuptial agreement can help avoid misunderstandings and disputes by clearly stating the rights and responsibilities of each spouse.
- Efficiency and cost-effectiveness: By addressing potential issues in advance, a prenuptial agreement can help streamline the divorce process, potentially saving you time and money in legal fees.
- Peace of mind: Knowing that your assets are protected and that you have a plan in place can provide peace of mind and reduce stress in your relationship.
Whether you're considering a prenuptial agreement or have questions about its benefits, our knowledgeable lawyers are here to guide you through the process and ensure that your interests are protected.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
What to Include in a Prenuptial Agreement
If you’re going to create an effective prenuptial agreement, you need to make sure that you include the right things, so that there are no conflicts in the event of a divorce.
Here is a brief overview of what you can and should include in a prenuptial agreement:
- Shield Your Spouse From Your Debts – In the absence of a prenuptial agreement, creditors may attempt to seek payment from your spouse for your debts. Use the agreement to limit your spouse’s debt liability.
- Keeping Property In the Family – a prenuptial agreement can stipulate that family property, such as heirlooms and businesses, remain in the family.
- Who Gets What In a Divorce – you can list the specific assets that each party will receive in the event of a divorce. This can help you avoid conflict and save time during a divorce, because both sides have already agreed on the exact distribution of marital assets.
- Shield Wealth You Created Prior to the Marriage – if you have significant assets prior to the marriage, and you want to ensure that your spouse doesn’t receive any of those assets in a divorce, you can stipulate that those assets are off-limits in a divorce proceeding.
- Define Financial Responsibilities – you can also delineate how each spouse will handle financial responsibilities during the marriage, such as paying bills or whether you will open joint bank accounts or separate bank accounts. You can also make provisions for how you will file taxes during the marriage.
- Provide For Children From Another Relationship – if you have children from a previous relationship, you can detail your inheritance wishes for them in a prenuptial agreement.
What You Cannot Include in a Prenuptial Agreement
State laws prohibit you from including certain provisions in a prenuptial agreement, such as:
- The Handling of Child Support/Child Custody – these issues are always decided by a family court and cannot be settled in a prenuptial agreement.
- Personal Rules for the Marriage – prenuptial agreements are created to handle legal matters, therefore, you cannot include provisions about your personal preferences regarding common marriage rituals, such as where to spend a vacation or how to deal with your in-laws.
How to Create an Effective Prenuptial Agreement
As legal challenges mount to the provisions in many prenuptial agreements, it is vital that you and your spouse both seek the counsel of an experienced family law attorney when creating this document. It is best to take a ‘separate but equal’ approach to retaining an attorney, which means that you and your spouse should secure different lawyers to ensure that both your rights are fully protected.
At The Law Office of Eric C. Cheshire P.A. our West Palm Beach prenuptial agreement lawyer has nearly 30 years of experience in family law. Please call us at (561) 677-8090 to see how we can help you craft a fair and reasonable prenuptial agreement.