FAQs

A prenuptial agreement, also known as a prenup, is a legal contract between two people who are about to get married. The agreement sets forth the terms of property division and spousal support in the event of a divorce. 

According to The Harris Poll, an American market research and analytics company, half of United States adults say they're open to signing a prenup. If you're looking for a qualified prenup attorney to help you get started with the process, schedule a consultation with our team at JustPrenups today.

The cost varies depending on whether you want prenup mediation or representation. It also depends on the number of hours required to complete the contract and the disclosure. People with a more complex picture of alimony, child support, business ownership with partners, lawsuits, unfinished probate on an inheritance, etc. will need more hours of labor and therefore incur a higher fee for the prenup. To learn more about prenup mediation and representation, checkout our helpful resource here.

There is no set answer to this question. Many couples opt to split the cost so that each pays half. For others, one partner pays for all service costs, which may also include a translator and a notary. Some couples split expenses in proportion to the income each produces. In some situations, the parents of one or both partners offer to cover all costs. To learn more about types of premarital agreements and why it pays to have an experienced prenup attorney, schedule a consultation with our helpful team today.

Potentially, yes! Plan to avoid that obstacle by translating any documents into the partner’s first language. To get started with your free, same-day consultation with a skilled prenup attorney from our team, fill out our form here.

Yes. Some couples opt for no spousal support or alimony, while others scale support based on the number of years together. Alimony may be a lump sum once, last for a certain duration, or even be non-cash benefits such as the use of a house, car, or cell phone. When you meet with a qualified prenup attorney from our team, you'll be provided with all of the information needed to make the best decision for your unique situation.

No, not all. Some couples plan for alimony and how each will be protected if the marriage ends, which may include limited or scaled alimony, or even replacement alimony (LINK). To learn more about alimony and what to expect from prenup mediation or representation, schedule a consultation with our team at JustPrenups a call today.

By law, prenups and postnups may not address child support or timesharing, as these issues are determined through the Florida family court system. However, a carefully crafted premarital agreement or prenup can set forth benefits received by expectant mothers, stay-at-home parents, or mothers who experience injury while pregnant or giving birth. While some terms are child-related, they are not child support and therefore are a permissible inclusion in a prenup or premarital agreement. If you're looking to learn more about prenup mediation or representation, contact our team today.

In the event of a divorce, a valid prenuptial agreement will be enforced by a judge who can understand its terms. This is why using a professional to draft a prenup, whether you choose a prenup attorney or a mediator, is crucial, as only those professionals can draft in a manner that "speaks" to a judge. This is especially true with unique assets, businesses, or intellectual property that judges don't see every day. A great prenup builds floors as well as ceilings, especially when it comes to providing triggers, limitations, or waivers of spousal support or alimony. A good professional stands by their agreement. That professional's carefully written terms, when paired with full, frank disclosure, will almost always be followed. Couples can avoid the default property division and spousal support laws of the state, which may not be fair for your situation or may be completely different by the time you divorce. A prenup professional from our team can help ensure all of your documents are valid and enforceable.

Yes. The contract is alive throughout the life of the marriage. However, the parties can agree to a sunsetting clause that voids the prenup at a certain time akin to a self-destruct button or an expiration date. The fact of signing a prenuptial agreement does not oblige you to marry the person. The prenup, once properly executed, takes effect and is legally binding on the date of marriage (unless the couple chooses an earlier date, such as the date they close on a home, for example). To learn more about this process, schedule a consultation with a prenup attorney or mediator from our team today.

Your prenup may address intellectual property (“IP”), which can include patents, trade secrets, beta prototypes, business plans, client lists, artwork, and code. The sky's the limit! Dream big, because an experienced prenup attorney or mediator can help you draft a document that includes all of these details while ideally keeping those issues confidential and private by the very terms of the prenup itself. Schedule a consultation with our team at JustPrenups today!

Yes, we encourage current and future pet owners to decide on the status of their furry or feathered friends. Some couples decide on the terms of visitation so that neither partner loses out on the continued relationship with the pet. Many couples draft that the pet(s) should follow the minor children, if there are any, in the event of a divorce, so that children never feel as if they are losing a beloved pet in the midst of change and loss.

Yes! According to the Florida Courts website,"[w]hat you say in mediation is  confidential." Here's more from the Florida judicial branch itself: 

1. Unlike trials and hearings, which are held in public courtrooms, mediations are private and, with a few exceptions, confidential. 
2. Although not required, sometimes the mediator may ask the parties to state in writing that they will keep everything confidential. The goal is to allow you and anyone at mediation and their lawyer, if any, to talk about legal and non-legal issues without fear of others (including the judge) hearing about it. 
3. While most things said during mediation will be confidential, there are some exceptions. Three main examples of these exceptions are child abuse, elder/vulnerable adult abuse, or anyone saying that they are committing or planning a crime. 

Everyone has "dirty laundry" sooner or later, and you will want it protected as confidential in your prenup and in the process that creates your prenup. Check out our blog post on this topic.

According to the Florida Courts website, mediation offers benefits that traditional representation cannot. Consider these advantages taken directly from the Florida judicial branch's website: 

1. A mediated agreement allows you and the other person or party to reach flexible solutions to your  dispute: Mediation provides you with an opportunity to be creative with your solutions.  
2. If both sides agree, you can reach a[n]... agreement specific to your individual needs.    
3. With mediation, both sides can “win.” [T]his is called a “win-win” situation.
4. The issues...are  not decided by someone else (self-determination): In mediation, you are the “decision maker.”  The mediator helps you discuss your concerns, but cannot make decisions for you.

Still have questions about the advantages of mediation? Please see our blog post dedicated to this topic.