Avoid a turbulent divorce with a prenuptial agreement

Image by Catherine Saether on Flickr.

By Myrna Passalacqua, ESQ.

In most cases, when we decide to get married, we feel in love and have a genuine desire to share the rest of our life with that loved one. The possibility that, at some point, that romantic relationship could end doesn't cross our minds. For this reason, it is very difficult to ask a future spouse to sign a prenuptial agreement in which you can determine prior to the marriage how you and your future spouse will resolve financial matters in the event of a break in the marriage. That turns out to be a very unromantic request, but believe me, it is very necessary!!!

A prenuptial agreement is a contract between two people before they get married. Its purpose is to define the rights, benefits, responsibilities, and obligations of each spouse, resolving in advance matters such as the division of assets, alimony, and the distribution of inheritance in the event that the marriage ends due to death, separation, or divorce. It also allows both spouses to protect the assets they had acquired before the marriage.

In the absence of a prenuptial agreement, applicable Florida law will determine how the disputes—ones that will surely arise after the separation or divorce—are going to be resolved, just like after the death of either spouse. Couples who choose to make a prenuptial agreement will be able to decide in advance and in detail how the potential future disputes will be resolved.

In Florida, prenuptial agreements are required by law to be in writing and signed by both parties. To be valid, the agreement must be entered into voluntarily by its grantors. The future spouses must disclose information about their assets and financial obligations to each other at the time of signing the deal. Florida law is specific about what may be included in the agreement. For this reason, it is important that you seek legal advice before drafting the document, and in this way, it does not jeopardize its validity. It is important to note that a prenuptial agreement can be modified once the parties are married if both agree to the modification.

In my opinion, in a society where some estimate that 55% of marriages end in divorce, the prenuptial agreement is a real necessity. For those who create a prenuptial agreement, countless lawsuits and headaches are avoided, both for them and their loved ones.

If you are contemplating marriage, contact me for a free initial consultation on how to achieve a prenuptial agreement harmoniously and without hurting the sensitivity of your partner.