Prenups: Not Just for the Rich & Famous
If my fiancé and I do not own anything, should we still execute a prenup?
Yes! A Prenuptial Agreement, most commonly referred to as a prenup, is not only for the rich and famous people. A prenup allows you and your future spouse to agree on divorce terms that will replace Florida divorce laws.
What is a Prenuptial/Premarital Agreement?
A prenuptial agreement, also referred to as a premarital agreement or prenup, is an agreement between couples made in contemplation of marriage and to be effective upon marriage. §61.079(2)(a), Fla. Stat. (2022). It must be in writing and signed by both parties.
You and your future spouse may not own anything before getting married, but in case of a divorce you do not want to be paying divorce lawyers to help you divide the marital assets and liabilities. A prenup is the roadmap that will help both spouses reach a resolution during the divorce process.
Does a Prenup mean we give up all our rights?
No, there are certain rights and interests that cannot be waived, such as temporary support, temporary attorney’s fees, child support and timesharing. For all other terms, it is not all or nothing. You and your future spouse can agree on (1) keeping all assets and liabilities separate, (2) some fixed or varying amount of how you will split the assets and liabilities, or (3) amending the prenup if a certain event happens (i.e. one spouse quits working to take care of the children).
Does my fiancé need an attorney too?
We recommend that each side retain independent legal counsel. We understand that many couples are trying to keep the costs down. Our firm is passionate about providing legal assistance to our community. We are creative in assisting within your budget.
Give us a call for a consultation and we will be happy to help you figure out how a prenup may benefit you and your future spouse.