June is a popular wedding month, in part due to longer days, more vibrant scenery, and flexibility for travel. For wedded bliss, do not miss the opportunity to design a prenuptial agreement tailored to your specific needs and goals. A prenup is a legally binding contract that provides couples a chance to navigate their future with confidence, clarity, and certainty while avoiding reliance on a judge to decide the fate of their assets in the event of a separation or a divorce.
Prenuptial agreements can set the stage for a healthy marriage. Marriage is a union of hearts and minds, but it is also a merging of assets, debts/responsibilities, alimony, and expectations, which is why a prenup can be a crucial step in building a strong and lasting relationship.
The results of a 2023 Harris Poll establish that prenuptial agreements are becoming increasingly popular among millennials and Generation Z as well as people entering their second marriages. Forty-seven percent of millennial respondents who were engaged or have been married said they entered a prenup.
It is powerful and pragmatic to get married after signing a prenup that safeguards money and businesses couples possess before marriage. By having a prenup, you decide the rules for yourself. Without a prenup, you’re letting the state or courts decide for you.
A well-executed Florida prenuptial agreement will allow you to set forth the terms of the divorce rather than a judge dictating the distribution of your assets and the amount of spousal support awarded. A prenuptial agreement can cover a wide range of issues, including:
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Premarital assets, especially if one or both partners have significant assets before the marriage.
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Financial responsibilities and financial expectations during the marriage.
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Family inheritances and trusts.
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Pre-existing business interests of a spouse who has invested time, effort, and capital into their business. By outlining the ownership structure, a prenup helps maintain the integrity of the business and avoids potential disruptions to its operations.
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Pre-existing debt. A prenuptial agreement can delineate which debts are considered joint and which are individual. This can protect one spouse from shouldering the other’s pre-existing debt, providing peace of mind, and paving the way for financial security.
Marriage intertwines assets, debts, and financial responsibilities. A prenup allows couples to openly and concretely discuss their financial situations and clarify their expectations on what remains separate property. By addressing these issues upfront, couples can reduce misunderstandings and disputes later on and set a clear distinction of what remains separate property in case of divorce. A prenup also can minimize legal fees in the event of a divorce.
I regularly tell clients that a prenup is not about planning a divorce but rather securing a harmonious future. Consider it an investment in both your love and financial well-being, and always seek guidance from a family lawyer in advance of the wedding date to allow for plenty of time to draft, negotiate, review, and sign.
It is important to know what a prenuptial agreement can and cannot do. If you need an attorney to draft or review a prenuptial agreement that will protect your interests, please send me a message through our online contact form. For in-depth information and to learn about the requirements of a Florida prenuptial agreement, call me at 954-300-1602 or email sara@horowitzlawpa.com.
At Sara Horowitz PA, the process is collaborative and solution-focused. Thoughtful, approachable, and insightful are all touchstones of my family law practice. I look forward to hearing from you!
