Woman looking over prenuptial agreement

Why You Should Consider a Prenuptial Agreement

While prenuptial, or premarital, agreements have been dramatized in the past, the shadow is lifting more and more as people begin to realize how useful they can be. Yes, it does involve making plans for the end of a marriage before a marriage begins, but you may be surprised to find that making such plans can actually help strengthen a marriage. Seems counterintuitive? Let’s talk about why you should consider a prenuptial agreement.

Why You Should Consider a Prenuptial Agreement

A prenuptial agreement is a contract. A couple intending to marry enters into this contract before becoming legally married. In the agreement itself, the couple can detail a variety of terms that would come into effect in the event of divorce. Premarital agreement terms may include addressing things in the event of divorce such as:

  • Distribution of assets
  • Distribution of debts
  • Alimony

This means that a couple can specifically designate assets and debts that would remain separate property in the event of divorce and those that would be considered marital property and, thus, subject to division during dissolution of marriage proceedings. The premarital agreement can also specify the terms of alimony to be paid in the event of divorce, including the amount to be paid.

This gives the couple control of the terms of the divorce instead of leaving them up to a judge. It will set expectations for what would happen in the event of the divorce and the premarital agreement itself can also include financial expectations for the marriage itself. Setting expectations for the marital path and talking about hard, but important topics, can strengthen the couple’s relationship prior to entering into marriage.

Establishing the details of asset distribution and alimony can also help avoid costly litigation. The idea that premarital agreements are only for wealthy individuals is not accurate. All couples could benefit from a premarital agreement. It can save them many expensive headaches in the future. Additionally, as previously stated, a well-drafted premarital agreement can bring certainty to the couple’s financial futures. 

While all couples can benefit from a prenuptial agreement, there are certain instances where there are added benefits. For instance, if a person is bringing assets into the marriage that they specifically want to protect from being divided in the event of a divorce, then a premarital agreement can help provide this protection. Furthermore, a premarital agreement can be particularly important for someone with children from a previous relationship. The premarital agreement can be used to protect the future inheritance of the children from the previous relationship. Business owners should also consider a premarital agreement that specifically states that business interests would stay classified as separate property in the event of divorce.

Florida Family Law Attorneys

Do you want to reap the many benefits offered by putting a comprehensive prenuptial agreement in place? The family law team at Bernal-Mora & Nickolaou is here to help. Contact us today.

Andrew Nickolaou

Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. If you have questions about this article, contact Andrew today by clicking here.