What a Prenuptial Agreement Does
A prenuptial agreement is a contract signed before marriage. It typically outlines how property and debts will be divided if the marriage ends in divorce. It can also clarify responsibilities for financial decisions during the marriage. For example, a prenup may specify how to handle business interests, real estate, or inherited assets.
Couples often assume prenups are only for the wealthy. In reality, they can help anyone with significant assets, student loans, or children from prior relationships. They provide clarity and reduce uncertainty in the event of divorce.
Protecting Marital and Non-Marital Property
One of the main benefits of a prenup is protecting both marital and non-marital property. In Florida, marital property generally includes assets and debts acquired during the marriage, while non-marital property includes things owned before marriage or received as gifts or inheritances. A prenup can clearly define which assets are separate and which will be shared, preventing disputes later.
Avoiding Conflict in Divorce
Prenuptial agreements can reduce conflict if a marriage ends. By agreeing in advance how property and debts will be divided, couples can avoid lengthy court battles. A well-drafted prenup can also address alimony or spousal support expectations, making the divorce process simpler and less stressful for both parties.
Legal Requirements in Florida
To be valid in Florida, a prenuptial agreement must be in writing and signed by both parties before the marriage. Each person should provide full disclosure of their assets and debts. Courts generally enforce these agreements if they are fair, voluntary, and executed properly. Consulting an experienced attorney ensures that a prenup meets these requirements and will hold up if challenged.
Working With an Attorney
Drafting a prenuptial agreement is not something to do casually. Florida laws on marital property, debts, and divorce can be complex. Working with a knowledgeable attorney helps ensure that the prenup reflects your intentions and protects your interests. Attorneys can guide both parties, explain financial implications, and prevent common mistakes that could make the agreement unenforceable.
Contact an Attorney
Prenuptial agreements in Florida are a practical tool for couples who want to protect their assets and clarify financial expectations. They provide peace of mind and reduce potential conflict if the marriage ends.
At the Law Offices of Robert M. Geller, we help clients navigate the process of creating strong, enforceable prenuptial agreements. If you are considering a prenup, contact us today to discuss your options and safeguard your financial future.
