FLORIDA PRENUPTIAL AGREEMENT ATTORNEYS
A prenuptial agreement is a contract that you sign with your future spouse that details how your assets will be divided in the event that your marriage ends in divorce. Without a prenuptial agreement, you will either have to come to an agreement with your spouse about the division of your marital assets or have a judge decide for you. Either scenario can be acrimonious, expensive and time-consuming. For this reason, it’s advisable for anyone getting married to enter into a prenuptial agreement.
What About My Assets?
If you’re entering into a marriage with your own assets, you may think that what’s yours is yours and will stay that way forever. While it’s certainly true that married couples can have separate assets, things can get messy, quickly. Any appreciation of your assets during your marriage becomes marital property, and commingling assets will convert them into marital property subject to division. Likewise, if you own a business, anything you bring in during your marriage will be both of yours, and if your spouse contributed in any way to the business, he or she may obtain an ownership stake.
Already Married? No Problem
If you are already married, there are still steps you can take to protect yourself. Just like you can execute a prenup, you can enter into a postnutpial agreement with your current spouse. A postnuptial agreement can accomplish the same things that a prenup can, and it’s never too late to protect your future.
What a Prenup Can’t Do
Many people wonder whether a prenuptial agreement can address custody issues in the event that they have children and divorce. Under Florida law, judges determine child custody by considering the best interests of the child, and a prenup can’t decide custody issues.
A Prenup Can Improve Your Marriage
You may be concerned that there’s nothing romantic about a prenup and feel like entering into one is just setting yourself up for failure. In reality, a well-executed prenuptial agreement can improve your marriage and make it clear that you’re in it for each other, regardless of what the other person is bringing to the table. Knowing how your assets will be divided in the event of divorce can create a sense of stability and security that can actually help couples avoid conflicts about their money, assets, or spending habits.
FROM OUR BLOG
As previously discussed in our blogs over the years, no one gets married anticipating to get divorced. Unfortunately, the statistics in this regard do not lie and about half of those who tie the knot end up in divorce court. For those couples, is a prenuptial agreement necessary? At the very least, it becomes very useful for the couple whose diamonds don’t last forever. Discussing the topic of getting a prenuptial agreement..
Prior to July 1, 2018, if a spouse came into a new marriage with a house from a prior marriage, barring some circumstances such as transferring the property into both new spouses’ names, the property was likely safe from equitable distribution if the new marriage ended up in divorce. A central question raised in the situation was what the courts refer to as “passive” versus “active” appreciation..
MEET OUR MEDIATOR
Chantale Suttle is an attorney and mediator licensed in Florida. She founded JustPrenups after more than two decades as an attorney in the South Florida family law system. She has protected people from all walks and stages of life, blue collar, white collar, self-made, and scions of wealthy families.