How to Get a Prenuptial Agreement in Florida

Your wedding celebration is one of the most special days of your life. It represents love and commitment, the idea of bringing two families together. This fairy-tale day can make you forget that marriage is a legal contract with consequences if you ever want to dissolve it. A prenuptial agreement is a contract that addresses how assets and debts will be divided in a divorce or if one's spouse dies. Learn more about prenups in Florida.

How Prenuptial Agreements Work

Prenuptial agreements are legally binding documents that are signed before a marriage. Some people think that prenups indicate a person is already thinking about divorce, but they're actually a safety precaution in case of a split or worse, death. While it may be morbid to consider these outcomes before the wedding, it's actually wise to think about what could happen in your marriage.

Prenuptial agreements protect assets brought into the marriage, such as a business or a family home. Without a prenup, marital assets are usually divided 50/50 in Florida. A prenup can simplify inheritance issues if there are children from previous marriages. Prenups can cover a wide variety of issues, including alimony or spousal support in the event of a divorce, but prenups in Florida do not decide child custody or support.

Steps for Getting a Prenup in Florida

In Florida, prenups are often referred to as pre-marital agreements. There are many legal requirements to make the agreement legal, so it's best to confer with a legal advisor about the specific rules to ensure the prenup is binding under the law.

Step 1: Communicate With Your Partner

Before asking for a prenup, you should start to lay the foundation by talking about finances and assets. This open discussion can help you decide how to handle the provisions of a prenup. It can take months of negotiation to work out a legally binding prenuptial agreement.

Step 2: Hire a Lawyer

It's highly recommended that both parties have their own lawyer when negotiating a prenuptial agreement, regardless of how many assets that person brings into the marriage. In Florida, this contract must not violate the law or public policy, which means you want legal advice from an experienced lawyer.

Step 3: Negotiate Terms of the Prenup

The most common elements of a prenuptial agreement include the financial rights and obligations of each person during and after the marriage. You will want to include how each person's assets and debts are managed during the marriage and what happens in the event of a divorce or death. Retirement plans and pensions may also be handled in the prenup. How much does the other person receive if you divorce? You may want to discuss wills and future assets that are bought together.

Step 4: Signing the Agreement

Both parties must voluntarily sign a prenuptial agreement before the marriage, which is one reason you shouldn't spring it on your spouse right before the wedding. If the marriage never takes place, then the agreement won't be considered effective. The agreement may be modified if both parties agree, but you should always check with your legal advisor about any changes.

Prepare for Marriage by Considering All the Outcomes

It's often estimated that 50% of all marriages will end in divorce. When you take the time to discuss possible negative outcomes of marriage, you actually go into this legally binding contract with a better foundation. Talking about finances before your wedding can reduce arguments during your marriage, helping you find solutions to your problems before things escalate to divorce. If you are interested in a prenup, you should talk with a licensed and experienced legal advisor in your state.