How Creating A Prenuptial Agreement In Fort Lauderdale Can Protect Inheritance Rights
When you are in love and planning a future together, the last thing on your mind is what happens if the relationship ends. However, for many people in Fort Lauderdale, especially those with family wealth or a prior inheritance, a prenuptial agreement is not just practical. It is essential. Our Fort Lauderdale family lawyer explains how it can protect your rights and prevent lengthy, expensive disputes if a divorce occurs.
Why Inheritance Can Become a Problem in Fort Lauderdale Divorce Cases
Under the Florida Statutes, all marital assets are subject to equitable division in a Fort Lauderdale divorce. This includes all property and earnings acquired throughout a couple’s marriage, which are divided fairly, though not necessarily equally.
While inheritances are generally considered non-marital property, they can be co-mingled or treated in a way that makes them subject to division. Without a prenuptial agreement in Fort Lauderdale, you could lose control over how these assets get handled in the event of a divorce. Potential problems include:
- Co-mingling of funds: Depositing inherited money into a joint account can make it difficult to prove it is separate property.
- Using an inheritance for marital expenses: Inheritance funds can be considered marital assets if they are used to cover marital expenses, such as the cost of a home or joint debts.
- Lack of documentation: Over time, the source of an inheritance may become unclear, making it hard to prove ownership in court.
- Gifts and improvements: Putting inherited property in your spouse’s name or making significant improvements using marital funds may give your spouse a claim.
In the Broward County Family Court, the burden of proving whether an asset is marital or non-marital falls on the person who claims it is separate. Without a prenuptial agreement, that can be a tall order.
How Creating a Fort Lauderdale Prenuptial Agreement Can Help
Creating a prenuptial agreement before you say “I do” can offer peace of mind and legal clarity, especially when it comes to inheritance. A well-drafted prenup can:
- Clearly define inheritance as separate property: This prevents disputes later on and protects assets intended to stay within your family.
- Address future inheritances: You can include language that protects not only existing inheritances but anything you expect to receive later.
- Establish asset management rules: Decide who controls inherited property during the marriage and who retains it in the event of divorce.
- Avoid costly legal battles: Prenuptial agreements reduce uncertainty and litigation by spelling out asset division in advance.
- Safeguard family relationships: Families are often involved in inheritance matters. A prenup can ensure your relatives’ wishes are honored.
To Speak With Our Experienced Fort Lauderdale Prenuptial Agreement Lawyer, Request A Consultation Today
Dealing with an inheritance can prove complicated in a Fort Lauderdale divorce. Vanessa L. Prieto Law Offices can guide you in putting a prenuptial agreement in place that protects your rights and prevents future legal battles. To speak with our experienced Fort Lauderdale prenuptial agreement lawyer, call or contact us online today to request a consultation.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
browardclerk.org/Divisions/Family
