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Should You Sign a Prenuptial Agreement?

Fri, Jul 27, 2018 at 2:00PM

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The decision on whether or not to enter into a prenuptial agreement (sometimes referred to as a “prenup”) is a deeply personal one. However, there are important considerations to weigh before making up your mind.

While no one wants to think their marriage could end in divorce, the fact is that 40 percent of all unions end in permanent separation, according to research from the American Psychological Association.

Prenup 101

At the core, prenuptial agreements allow you to make important preparations with a cool and collected mindset, to prevent confusion and hasty choices during moments of consternation and uncertainty.

For instance, a prenup help to establish what happens to properties and other assets in the event of divorce. Many married couples include specific instructions regarding individual debt that existed prior to their union. Some business owners have also added provisions aimed at safeguarding company assets and operations.

The first step to establishing a prenuptial agreement is to have a frank and honest discussion with your future spouse. It’s also wise for each party to secure separate legal representation. In this regard, it’s essential to partner with a trusted and reputable divorce attorney in Daytona Beach who can guide you through this sometimes confusing process.

Establish a Comprehensive Plan

Due to the often uncomfortable nature of discussing prenuptial agreements, many couples rush through the process or otherwise leave out important information. Doing so can be detrimental to all parties involved. That’s why it’s important to approach such agreements with a methodical and organized plan. Financial disclosure of both parties is essential for the long-term enforcement of the prenup.

It’s also wise to note that prenuptial agreements can be tailored to meet your unique requirements and objectives. When you work with a Daytona Beach divorce attorney well-versed in marriage and family law, you get the peace of mind that all relevant information has been considered and included in your agreement. This allows all parties involved to smoothly move forward with life plans in the event of permanent separation.

Understand Agreement Limitations

Just as entering into a prenuptial agreement doesn’t guarantee or somehow encourage divorce, it’s important to understand that such agreements are not safeguards against potential disagreement or disparity.

For example, prenuptial agreements are not designed to enforce minor child preferences and/or unreasonable demands from either spouse. No part of the agreement can override court-ordered sanctions, such as child support. Also, undisclosed property is impossible to protect as part of a prenuptial agreement.

Protect Yourself and Your Marriage

Some people find prenuptial agreements allow them to reach a sense of closure following the dissolution of a marriage. That may be in part because such agreements dictate ahead of time division of assets, alimony payment (if applicable), and other considerations.

However, there are couples who feel entering into an agreement assumes or sets the stage for infidelity and/or marital instability. That’s why, as mentioned, deciding whether or not to move forward with a prenuptial agreement remains a difficult personal decision.

Still, it’s helpful to know that there are Volusia County lawyers who can offer valuable guidance and advice surrounding all sorts of family law scenarios. Along with family law, our firm also specializes in other legal concentrations, including criminal defense, personal injury, and wrongful death, real estate law, and more. Contact me today to begin the resolution process for all your legal needs.


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