If you just got engaged or are thinking seriously about marriage, it may seem unromantic to start planning for a prenuptial agreement. However, there are many reasons why you may want to get a prenuptial agreement, and it is becoming more and more popular in recent times. Speaking with a divorce lawyer will help you draft the best prenuptial agreement to fit your needs so that you are able to have peace of mind about your upcoming marriage. Read to learn more about the documents you should bring to your divorce consultation in order to draw up an appropriate prenuptial agreement. Call top divorce attorney Arturo R. Alfonso, P.A. at his Miami office for a free initial consultation today!
What To Bring To Your Divorce Lawyer For A Prenuptial
In Florida, prenuptial agreements are governed by state law. Divorce proceedings and prenuptial agreements are governed by Florida Statute Chapter 61. Here are some steps and documents that you should prepare when going to at divorce consultation to draft a prenuptial agreement:
- Inheritance and heirs- Offer the full names of any children from either party, their dates of birth, and whether they are dependent on a party involved. Provide any wills that you have along with the names of prospective heirs and beneficiaries and their relationship to you. Bring any potential future inheritances you may get from family members.
- Homestead property- Are you looking to waive spousal rights on your homestead property in case of divorce or death? If so, then add in the address of your homestead property and an estimated value.
- Full financial disclosure- Fill out the full financial affidavit form your attorney provides.
- List all of your assets- Give the most recent copy of all bank account statements which are held solely or jointly in your name, the most recent copy of investment account statements, documentation regarding any business owned in whole or in part, a copy of deeds to all real property, the property appraiser’s appraisal and tax bills for both real and personal property, a copy of all motor vehicle, airplane, boat, or vessel bills of sale, titles, or registrations, a detailed and complete list of tangible personal property with particular emphasis on jewelry, antiques, collectables, weapons, and significant furnishings, a list of all pets.
- List of all of your liabilities and debts-Provide a copy of any notes and mortgages on real property and status of payments, a copy of any notes and lien documents on tangible personal property, a copy of any unsecured notes and loans, a copy of any car loans, a copy of any credit card statements, a copy of any medical bills, a copy of any tax bills, including tax and property tax.
- List of all your income information- Provide a year of personal and business tax returns, your most recent pay stubs, the most recent retirement plan annual statements, and any recent financial statement provided to a bank or lending institution for any reason.
Who Reads These Documents?
You may be worrying about who will be able to access such sensitive and personal documents. Any sensitive and personal information will not be included in or attached to the prenuptial agreement, and will only be seen by your intended spouse,their legal counsel, tax advisor, and/or investment advisor under the signature of a notary public. After they are done reviewing all the documents listed above, you will have provided “fair and reasonable disclosure of the property or financial obligations,” and will make your prenuptial agreement easier to enforce in the future.
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