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What to know about prenuptial agreements

On Behalf of | Sep 29, 2021 | Divorce Mediation |

More Florida couples are opting to sign prenuptial agreements before they get married in an effort to protect themselves and provide some certainty in the event of a divorce. These agreements can be helpful, and they can keep a couple from having to go through a bitter dispute over property division.

This sets terms of the divorce ahead of time

A prenuptial agreement lays out how property is divided if the couple were to get divorced. While some may think that it is improper to discuss divorce before a wedding even happens, this is a must these days. Without a prenuptial agreement, Florida would apply the laws of equitable distribution to a divorce order. Judges have the discretion to consider a number of factors, and anything can happen. If you brought the property into the marriage, it will be at risk in a divorce.

The agreement must be legally enforceable

Prenuptial agreements must be legally negotiated between the spouses. Each spouse must have their own attorney because they are a party to a contract. The agreement must follow full disclosure of each person’s financial situation. Most important, the agreement must be reasonable and fair. If it looks like one party imposed their will on the other in a lopsided contract, it will not be enforced. The validity of prenuptial agreements is often challenged during a divorce, so it is essential to anticipate that and to make sure that everything was handled properly.

You have heard plenty of horror stories about divorce battles and how courts have handled property division between spouses. A prenuptial agreement is your chance to avoid all of that and set your own mutually negotiated terms ahead of time. You have every incentive to have this discussion with your partner before you are married.

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