Understanding Marital Property Agreements

Family Lawyers in Tampa, FL

When romantic couples choose to marry, their union becomes a distinct legal force. For the duration of a couple’s marriage, any income, property, real estate and assets acquired are generally treated as marital property under the law. Similarly, any debts incurred during the course of a couple’s marriage are generally considered to be the responsibility of both parties. Certainly, there are notable exceptions to these general rules, but for the most part the law treats married couples in a “what is mine is yours” kind of way.

This kind of property arrangement does not work best for every couple. Some couples who are engaged or will likely become engaged have concerns about how property-related matters may impact the health of their eventual unions. Some married couples weather significant stress due to the general treatment of marital property under the law. And some couples considering divorce cannot imagine how they will divide their property according to this standard. It is for these reasons and a host of others that the family legal system generally honors fair and properly executed marital property agreements.

If you have questions about property division and you are either going to become engaged, are engaged or are already married, please consider scheduling a consultation with our firm. We would be happy to advise you of your legal options after learning about your unique circumstances. When preparing for a consultation, you may wish to keep the following basics in mind. Please feel free to write down any specific questions you may have about drafting or enforcing a marital agreement, the contents of a potential agreement or our approach to representation. Speaking with our firm will not obligate you to execute a marital agreement. It will simply help to better ensure that your decision to either use or avoid this legal tool is informed.

Generally speaking, marital property agreements may be drafted at any time. However, they are more likely to be successfully challenged if they are drafted very close to a wedding date or very close to a divorce filing date. Courts may rule certain agreements invalid if their terms are blatantly unfair or coercion was used by one party during the drafting process. An agreement may also be declared invalid in-part or as a whole if it is associated with fraud, incomplete disclosures or other suspect conduct.

Depending on the jurisdiction in which you file your agreement, you may address any number of financial and property-related matters within this document. You may protect certain pieces of property or assets, proactively safeguard certain forms of intellectual property or lay out enforceable expectations for the treatment of certain income during the course of the marriage. An attorney will be able to advise you in regards to any restrictions your jurisdiction may enforce when deliberating on affected matters.

Legal Counsel Is Available

If you have questions about marital property agreements specifically or divorce generally, please consider contacting our firm. Whether you are hoping to become engaged, are currently engaged, are currently married or are contemplating divorce, we are happy to answer your questions and advise you of your legal options. The family legal system offers a number of ways for couples to protect their property-related interests and wishes. Consulting with family lawyers in Tampa, FL may give you a better sense of how you may wish to protect and preserve yours.

Contact The McKinney Law Group for their insight into family law and marital property agreements.

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