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Dispelling Common Myths About Florida Prenuptial Agreements


For a long time, prenuptial agreements have been seen as a negative element or red flag to a marriage, but they shouldn’t be. While talking about legal documents may not necessarily be romantic, they can be an important part of your financial future and protect both spouses in the unfortunate event that something happens. Prenuptial agreements can help establish financial goals, estate plans, and can be especially useful for couples getting married later in life who already have children from an earlier marriage.

If you’re considering a prenuptial agreement, or your future spouse is asking you for one, it’s important that both parties have independent legal counsel review it. Without the benefit of a Florida prenuptial agreement attorney, you could have a prenup that is not legally binding or won’t stand up in court in the event something does happen. In the meantime, here are several myths about Florida prenuptial agreements that need dispelling.

Only Rich Couples Need a Prenuptial Agreement

Prenuptial agreements are not just about protecting the assets you already have, they can address what you may earn in the future. You can specify division of assets ahead of time, what spousal support would be, who would get the house, a family pet, and you can even have a provision on how debts will be handled.

Is there a chance you may receive an inheritance down the line? Are you expecting to earn a significant amount in your career later in life? A prenuptial agreement essentially allows a couple to decide how they want their marital estate handled down the line, rather than leaving it up to a judge who doesn’t know anything about you or your relationship.

Someone who Wants a Prenuptial Agreement Doesn’t Want to Get Married

The truth is, if someone doesn’t really want to get married, they won’t. Going through the extra steps and expense of a prenuptial agreement is not necessarily indicative of someone who has cold feet. Discussing your financial future may not sound sexy, but it is certainly smart. Prenuptial agreements can be good for both sides. Being able to have a frank conversation with your partner on your future shows commitment and maturity, two features that are positive traits to have in a lifelong partner.

Prenuptial Agreements Create Adversity

There’s a belief that prenuptial agreements are solely one-sided, and their purpose is to screw the other spouse out of everything in a divorce. A well-drafted prenuptial agreement is a win-win scenario for both sides. If only one spouse is benefitting from the agreement, you definitely need to speak with a Florida family law attorney.

A Postnuptial Agreement is the Same Thing

While similar in nature, a postnuptial or post-marital agreement is still different. And, if you wait five or ten years to draft one, it may consider anything you acquired in the first ten years to be marital property.

Contact a Skilled Boca Raton Family Law Attorney

If you have questions or need assistance with a prenuptial agreement, contact the Boca Raton prenuptial and postnuptial agreement attorneys at the Law Offices of Schwartz | White at 561-391-9943 to schedule an initial consultation.

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