Common Misconceptions About Prenups in Florida

Prenuptial agreements, commonly referred to simply as ‘prenups,’ are legal agreements entered into by two people before they get married. These agreements primarily address property ownership in the event of a divorce or the death of one of the spouses. Prenuptial agreements typically stipulate how property will be divided, which party will be responsible for certain debts, and whether either party will be required to pay alimony.

Prenups are becoming more popular today. As more people enter into these agreements, though, the more misconceptions arise surrounding them. Below, our Tampa prenuptial agreement attorney explains the truth behind some of the most common misconceptions.

Prenuptial Agreements Show Doubt About the Relationship

Many people think that the only reason to draft a prenuptial agreement is because one or both parties do not believe in the relationship. This is not true. A prenup is no indication that the couple will get divorced. Instead, these agreements simply show that both parties are taking a proactive and responsible approach to ensuring their financial future is secure, regardless of what happens in the marriage.

Only Wealthy Couples Need Prenuptial Agreements

Perhaps because movies and television shows portray wealthy people discussing prenups, many people believe they do not need these legal contracts if they do not have significant assets. Again, there is no truth behind this. Even if you only have a bank account or a vehicle, you should still protect your property in case your marriage doesn’t work out or to shield your partner from liability or unexpected lawsuits. Additionally, prenups can also account for future earnings that you want to protect and include provisions for support for a lower-earning spouse during the marriage.

Prenups Leave One Spouse at a Disadvantage

Again, perhaps due to images seen in the media, many people think that wealthier individuals use prenups to ensure their spouse does not receive any property in the event of divorce. According to Florida law, all prenuptial agreements are required to be equitable and just for both parties. If an agreement is unilateral and solely waives the rights of one party, it is unlikely to be upheld by the courts.

You Can Include Anything in a Prenup

While you can include any provisions you think are necessary in your prenup, that does not mean you can include any terms you like. For example, prenups are meant to largely outline financial matters in the event of divorce. These agreements cannot include provisions regarding who is responsible for household chores or where to take vacations. If a couple plans to have children, they also cannot include child-related matters, such as custody or support, in a prenup. If necessary, the court will make decisions on these matters and will only consider the child’s best interests.

Call Our Prenuptial Agreement Attorney in Florida Today

If you are getting married, a prenuptial agreement is a great way to protect your best interests but you should not draft it alone. At Florida Law Advisers, P.A., our Tampa prenuptial agreement attorney can advise on what to include in yours and ensure it is executed properly so it is enforced by the courts if ever necessary. Call us now at 1 (800) 990-7763 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html