Posted by Nydia Streets of Streets Law in Prenuptial Agreements

Prenuptial agreements are not just for the wealthy. They can benefit almost anyone wanting to get married because they provide what can be thought of as insurance in case happily ever after does not work out.  

Starting with the basics, a prenup must be in writing and signed by both parties in order to be enforceable under Florida law. The agreement can say almost anything the parties agree it should say, so spouses-to-be can be creative in adding contract terms that are unique to their circumstances. For example, a couple may decide to add terms about their pets or special traditions they share. Some prohibited contract terms include provisions that adversely affect the right to child support or that are against the law or public policy. These types of agreements become effective upon marriage and may be changed or cancelled by written agreement of the parties. 

You can think of a prenuptial agreement as something you spend less money and time on than you would on a divorce where no agreement has been reached. With a premarital contract, you are agreeing before marriage what will happen if you end up in divorce proceedings, which means you will spend less money, if any, fighting about it in court. Keep in mind that while you may not have substantial assets at the time of marriage, you may acquire some later before divorce that you will want to protect and/or lay out what happens to those assets if your marriage ends.  

Since premarital agreements are typically negotiated while everyone is in love and getting along, in most cases these are optimal conditions for creating a just-in-case divorce agreement that suits your specific needs. Contact a prenuptial agreement attorney to go over how you can protect your future.