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Managing Prenuptial Agreement Regret


Love makes us more daring than we otherwise would be.  You might know a cautious, risk averse couple who knew each other for less than a year before they got married, but they have stayed married for decades.  Something made them take a leap of faith that was out of character for them, and they have never regretted it.  Unfortunately, love bombing can mimic love; you might do daring things just because your new partner pays you so much attention that you don’t have time to think through the consequences of your actions.  Somewhere else, there is a couple who, despite their general aversion to marriage, wanted to be partners in life and in some aspects of their finances; love made them decide to get married, and their reasonable natures made them decide to get married.  Somewhere else, there is a couple who got married after a whirlwind romance; everything happened so fast that, when the groom handed the bride a prenup to sign the day before the wedding, she just skimmed it and signed as she rushed from the florist to the rehearsal dinner.  Over the course of your marriage, you will probably have a range of emotions about your prenuptial agreement or lack thereof.  A Boca Raton prenuptial and postnuptial agreement lawyer can help you ensure that the terms of your prenuptial agreement are right for you and your spouse.

Talk Everything Out Before You Sign

A prenuptial agreement is a legally binding document; you and your fiancée should take it as seriously as any contract you would sign at work.  If you and your future spouse can go through multiple drafts of a business contract together, you can do it with a prenup.  Think of it as a project you are working on together, even though it is admittedly more difficult to be as objective about your own finances as you would be about a work project.  If your spouse threatens to cancel the wedding because you suggested more changes to the prenup, it is a red flag.  People who are mature enough to get married are mature enough to know that writing a legally binding agreement is serious business.

Judges Assume That You Meant to Agree to the Terms of the Prenup, Unless There Is a Compelling Reason to Believe Otherwise

Judges can refuse to enforce prenups if they are unconscionable, but there is a big difference between signing a prenup under duress because your spouse planned to cancel the wedding after you booked a venue and bought plane tickets for all of your out-of-town relatives, on the one hand, and regretting your prenup after your spouse got rich and you had a taste of lifestyle creep, on the other.  When you say that your prenup is “not fair,” think about whether you sound more like a legal scholar or a whiny kid.

What to Do If You Change Your Mind After You Sign a Prenup

If you and your spouse mutually agree that you want to change the terms of your prenup, you must sign another agreement.  Ask a lawyer to help you draft a postnuptial agreement that voids or modifies your prenup. Contact Schwartz | White in Boca Raton, Florida about your case.



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