Legal Question in Family Law in Florida
Prenuptial Agreement
I am getting married and have more assets than my fiance - his ex-wife is vindictive and will try to find any reason to get more money out of him. If we write a prenuptial agreement saying that what I have before the marriage is only mine, will that protect me from his ex-wife trying to sue him and getting any of my assets? Thank you.
1 Answer from Attorneys
Re: Prenuptial Agreement
Nothing will protect against having the ex-wife sue. If she is so inclined, then she will sue your husband whenever she deems it to be important to her.
What is important, however, is that your assets will be protected from any such suit if a prenuptial is entered into between you and your husband. Frankly, even without a prenuptial agreement, your assets would probably be safe but this will guarantee the safety of your possessions.
It is equally as important that the prenuptial be properly drafted for the protection of all parties. You should seek the advice of a competent marital attorney to draft the agreement for you. Do not rely on a legal program which could contain many improper or inartfully drawn clauses. A few pennies saved now could prove quite costly later.
Scott R. Jay, Esq. 305-249-8000
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