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Should I Consider a Prenup?

Box w:wedding bands:prenup form

Raising the topic of prenuptial agreements can cause some spouses-to-be to bristle. While a prenup might not be the most romantic topic of conversation, these contracts don’t have to mean that you expect your marriage to fail. A prenuptial agreement can serve as a reassuring guarantee to both you and your future spouse, should the relationship deteriorate over time, and can protect other family members’ rights if you have children from an earlier marriage. Read on for more reasons why a prenuptial agreement may be a good solution for you, and how an experienced Florida family law attorney can help.

Prenuptial agreements can assure both spouses that a divorce would go quickly and smoothly

During a divorce, battles over how property will be divided, or what constitutes an appropriate amount of spousal support each month, can go on for an extended period of time. A written prenuptial agreement can clearly delineate an amount of alimony based on the length of the marriage, as well as how long those payments should last. A prenup can also provide an assurance that one spouse would retain certain real or personal property in the event of a split.

Prenuptial agreements will provide security for your children from a prior relationship

When a married person dies in Florida, the widowed spouse can either take the share of the deceased person’s estate as left to them in the will, or they can choose to take what is known as their elective share, which could be a larger portion of the deceased person’s assets than they had chosen to leave their spouse. If you have children from an earlier marriage, you may want an assurance that your financially-comfortable spouse will not take an excessive portion of your estate which you wished to have benefit your children. Agreeing to waive the right to take an elective share in a prenuptial agreement can provide this assurance.

Prenuptial agreements offer an opportunity to become intimately familiar with your spouse’s finances before marriage

Many couples avoid having detailed conversations about money before getting married, and in fact, a substantial number of divorces are attributed to fights over money. Drafting a prenuptial agreement offers you the occasion to have a frank conversation about finances, forcing you to disclose all details of your assets and debts up front. In the prenuptial agreement, you can agree that certain assets and debts will remain separate property, allowing you to avoid worrying about what will happen in the event of a divorce.

If you would like to discuss how a Florida prenuptial agreement could benefit you and your partner, contact the knowledgeable and diligent family law attorneys at Crystal Collins Spencer, Attorney at Law, for a consultation, in Pensacola at 850-912-8080, or at our offices in Sandestin (850-424-6683) or Ft. Walton Beach (850-200-4652).

316 S. Baylen Street, Suite 520
Pensacola, FL 32502
Telephone: 850.912.8080 Fax: 850.912.8028
246 Tupelo Courtyard
Sandestin, FL 32550
Telephone: 850.424.6683
205 Brooks Street SE, Suite 301
Fort Walton Beach, FL 32548
Telephone: 850.200.4652
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