Should I Have A Prenuptial Agreement?

Almost everyone goes into marriage thinking they have found their forever, never entertaining the possibility that the marriage may end in divorce. After all, why would anyone get married if they thought otherwise? Unfortunately, happily ever after is more sparse than most couples realize, and the reality is that many American marriages will end in a divorce. With this in mind, the idea of approaching a marriage with any restraint or hesitation can be taken negatively by your future spouse, however, divorces are prevalent and are often unexpected, so taking the necessary precautions to protect your future should be highly considered.

What is a Prenuptial Agreement?

Like anything in life, it is important to educate yourself on all areas of a subject. This especially holds true for marriage and divorce. Of anything you can familiarize yourself with, you will find that a prenuptial agreement can be a great decision. If a couple opts to sign a prenuptial agreement they will be able to devise a plan to distribute their assets and liabilities in the event that their marriage ends in a divorce. This agreement can cover anything the couple may own and maintain, including business ventures, retirement plans, property, investments, bank accounts, and credit card debt.

Why Doesn’t Everyone Sign a Prenuptial Agreement?

There are two main reasons why such a small percentage of couples sign a prenuptial agreement, the first being that couples simply do not want to discuss this type of subject with their future spouse, as the sensitivity of the discussion may cast doubt of the relationship. Alternatively, couples may not discuss the idea of a prenuptial agreement because they are simply unaware of what to include in a potential prenuptial agreement.

Prenuptial Agreements in Florida

Florida statutes outline the particulars of prenuptial agreements in the Uniform Premarital Agreement Act. The act defines what a prenuptial agreement must entail to be valid in the state of Florida. It notes that any agreement must be issued and signed by both parties. Additionally, the agreement should be signed prior to the couple’s marriage and will become effective once the marriage is official.

A proper prenuptial agreement is designed to protect your present assets and future earnings. The terms of the agreement can be designed to ensure that personal property is defined and ownership is established prior to the marriage arrangement. Should the integrity of the agreement be called into question, and it is found that the agreement was signed based on coercion, duress, or contained fraudulent disclosures, the agreement may be void.

Do You Need Help With a Prenuptial Agreement?

The right attorney can help you navigate the murky waters of a prenuptial agreement and work to protect your future should an unexpected issue arise. Your attorney will be able to work with you to formulate a strategy that best suits you and your future spouse. Fort Lauderdale attorney Sandra Bonfiglio understands the sensitive nature of a potential prenuptial agreement and is able to design an agreement that will best protect your future. Contact Attorney Bonfiglio today to discuss the optimal plan for you and your partner.

Resources:

apa.org/topics/divorce/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html