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Must you be wealthy to benefit from a prenuptial agreement?

| Feb 13, 2019 | Uncategorized |

Some people think that a prenuptial agreement only works for celebrities and other wealthy couples.

On the contrary. A prenup exists to set forth the solutions for potential problems that could crop up for couples at any income level, not just for the Hollywood crowd and not just for millionaires.

What it is

As the term indicates, a prenuptial agreement is a contract that two people sign before they walk down the aisle. The agreement sets out rules to follow in the event of a divorce or the death of one spouse. It may include instructions about spousal support or property distribution if the marriage should end and is like a will in that it can help keep assets out of probate.

The Florida statute

In the state of Florida, the Uniform Premarital Agreement Act comes under the Florida Family Law Rules of Procedure. The statute addresses several items, among which are the following:

  • Rights and obligations of each party with respect to separate or marital property
  • The distribution of property in the event of separation, divorce or death
  • The establishment, waiver, elimination or modification of spousal support
  • The preparation of a will, trust or other instrument to carry out the terms of the prenup
  • Ownership rights to and disposition of benefits from a life insurance policy

A word about postnups

A postnuptial agreement is one that a couple creates after marriage. Perhaps they did not get around to signing a prenup, or perhaps circumstances are now such that they believe it is wise to put a financial agreement in place in case they either divorce or one of them dies. In the state of Florida, a postnuptial agreement is not as comprehensive as a prenup, so anyone interested in creating a postnup will not want to face any legal entanglements.

Looking ahead

Life can be complicated; hence, the argument for a prenup. Some people think that this kind of agreement puts a damper on romance. However, whether of great or modest wealth, couples who sign a prenup may find it easier to relax and enjoy their wedding day and, hopefully, many anniversaries thereafter.

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