Now that our readers understand who could benefit from a prenuptial agreement, it's important to understand that this is more than just a promise between future spouses - this is a legal document.
That being said, it's important that the agreement is properly prepared. There have been stories of couples making verbal agreements or writing their agreement on a napkin, and as you can imagine, those didn't turn out too well. Working with a divorce attorney who understands Florida law is important so that your contract is not later tossed out by a judge.
Some basic advice for preparing a prenuptial agreement:
- Each party needs to be honest about their assets and disclose all relevant information fully
- The prenuptial agreement should be made and signed well ahead of a wedding in order to avoid any appearance of coercion
- An agreement should not take advantage of either spouse and should be considered "fair"
- Spouses should understand that child support cannot be waived through a prenup
- Individuals should work with an attorney to make sure the document is prepared and signed in accordance to law
- Those preparing a prenup should understand how contradictions in their will could affect the agreement
Finally, it's good to remember that spouses can update their prenuptial agreement. Some choose to loosen restrictions or become more generous after a marriage has lasted 10 or 20 years. Nevertheless, it is important to remember that couples still divorce after many decades of marriage, so it's wise to discuss any potential changes with your lawyer.
Source: Bankrate, "Everything you need to know about prenuptial agreements," accessed Aug. 20, 2014