Is A Prenup Always The Right Move?
Historically, prenuptial agreements, or prenups, have been seen as unromantic, with some calling them ‘divorce plans.’ Over time, though, this view has changed, and more couples opt to execute a prenup before their marriage. Still, many of them wonder whether doing so is worth the effort – particularly young people with few assets. While it is true that there will be couples with little need for a prenuptial agreement, a prenup will benefit the average couple far more than they might think.
Provides For Kids & Separate Assets
There are certain types of couples that will immediately and tangibly benefit from having a Florida prenup in place. Those who are entering into a second or third marriage are near the top of that list – particularly if there are minor children involved. A prenup can help to clarify issues like estate planning, dictating that children of a first marriage will inherit even if children are born of the second.
Another type of couple who will benefit from a prenup is one which has separate tangible assets that they want to keep separate. For example, a soon-to-be spouse might have an antique given to them by their grandmother, or another may have a classic car they maintain out of their own money. It is possible to specify these assets remain separate in a well-drafted prenup.
Do Not Try To “Outsmart” The Prenup
While prenups are most helpful for those who bring important people or things to the marriage, even those who are childless or have few assets at the moment might benefit from having one. In some cases, it is possible to establish what may happen to assets acquired in the future, or at least to specify what should not happen. That said, trying to ‘outsmart’ the prenup or trying to ‘sneak in’ an unenforceable clause almost always ends in invalidation.
For example, Florida law explicitly states that child support and custody issues may not be disposed of in a prenup. Trying to do so will invalidate at least that part, if not the entire document. Another recipe for disaster is when one or both partners do not make a full and fair financial disclosure – a requirement for the prenup to be valid in Florida. Even smaller details like the timeline for executing the document can be grounds for invalidation.
Contact A Hollywood, FL Prenuptial Agreement Attorney
The lead-up to a person’s wedding can be among the happiest times of their life, but ensuring that all ends well is just as important. A Hollywood, FL prenuptial agreement attorney from The Law Offices of Steven Mason, P.A. can help you and your soon-to-be spouse craft a prenup that works for both of you. Contact our office today to speak to an attorney.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
