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4 Myths People Believe About Prenuptial Agreements

| Mar 21, 2019 | Firm News

Legal issues often cause confusion. Unfortunately, some individuals may hold strong opinions about certain aspects of the law or its application without having a sufficient basis to form such assessments. For example, many controversial beliefs surround prenuptial agreements. In this article, we will clarify 4 of the most popular myths regarding pre-marital arrangement so that you can form a well-informed, unbiased opinion to see if one is right for your situation.

Myth 1: If You Want a Prenup, You’re Already Thinking About Divorce

Arguably, prenuptial agreements are associated mostly with the possibility of a divorce. This association, however, isn’t entirely justified since prenups can also simply regulate how the wealth that both spouses are individually bringing into the marriage will be handled throughout their relationship. For example, a prenup can describe whose assets will be spent on what kind of expenses or clarify how property will be acquired. Rather than increasing marital tension, a prenuptial agreement can actually be a good opportunity to talk about and solve some of the most contentious issues in a marriage related to both spouses’ shared and individual finances.

Myth 2: Prenups Are Only Useful in a Divorce

On a related note, it can also be mentioned that prenuptial agreements are in fact useful in other circumstances related to marital life apart from a divorce. For example, a prenup can be a part of an effective estate plan, laying the groundwork for a successful resolution of many questions and problems related to the division of a person’s assets upon their passing.

Myth 3: Prenups Are Only for the Wealthy

It is true that prenuptial agreements can protect both spouses’ individual financial interests and money. However, the exact details can vary from one agreement to another – and in many cases, prenups are not only about money. In fact, a prenuptial agreement can regulate issues relating to all kinds of marital assets – including personal items or even pets. Prenups can also provide a blueprint for other important discussions that can happen in the unfortunate event of a divorce – such as how credit card debt should be divided or how the spouses will share expenses related to child rearing.

Myth 4: You Don’t Need a Lawyer to Sign a Prenup

Technically speaking, a prenuptial agreement will be enforceable in Florida regardless of whether or not it was created without the help of a lawyer. However, it is usually a good idea to consult an experienced attorney to make sure that the specific details of a prenuptial agreement will be lawful and enforceable.

Rotella & Hernandez are Florida-based lawyers with ample knowledge and experience in tackling different issues related to Florida family law. If you need help with drafting a prenuptial agreement or any other legal problem related to the family, do not hesitate to contact us and schedule a consultation.