Are you basking in the glow of a recent marriage proposal? The joyful holiday season tends to inspire many couples to take the next step in their relationships. How fitting during a time of gift giving to wrap up a beautiful diamond and pop the question. How special to begin a new year with the planning of a new chapter in you and your love’s lives.
While congratulations are certainly in order for the many couples whose new years include the newly-engaged status, there is more than wedding planning to consider. All kinds of people can benefit from family law planning before getting married. You and your betrothed should discuss a premarital agreement.
This kind of family law contract is called a premarital agreement according to Florida statutes, but you probably more often hear the contract referred to as a prenuptial agreement or “prenup.” Simply put, a premarital agreement is a contract you and your partner create and sign before getting married. It sets out how assets, debts, real estate, spousal support and other financial matters would be handled in the case of divorce.
Prospective spouses can make their prenups unique to their situation and their specific concerns or desires. Certain conditions might be noted in the contract related to behaviors during the marriage and how those actions (cheating, for example,) could impact matters during a divorce. However, Florida law does not allow child support to be negatively impacted; also, a prenup cannot override other Florida laws such as criminal laws.
If you are recently engaged you are likely overwhelmed with the excitement of this happy milestone. The excitement and the promise of marriage do not have to be snuffed out by discussing premarital agreements. Creating a prenuptial contract can be helpful for couples because it poses important questions regarding what each person wants and doesn’t want out of a marriage.
There is no shame in working with your partner to plan for your future. An experienced family law attorney can help the process along in order to serve your goals as individuals and as a couple.
