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Your Guide to Prenuptial Agreements


Prenuptial agreements, or “prenups” for short, are not often viewed favorably in society. Because they are usually associated with the stigma of divorce, prenups have been viewed as a controversial topic for many years. Understandably, many couples are hesitant to talk about touchy matters such as separation or divorce before their marriage. However, coming up with a prenuptial agreement may be beneficial for both parties in the long run. By making a thought-out and comprehensive prenup, you may be able to avoid devastating financial issues in the future.

What Exactly Is a Prenuptial Agreement?

A prenuptial agreement is a contract that details how finances will be split in the case of a divorce. The agreement is considered “prenuptial” because the contract is signed by both parties prior to their marriage. Common features of a prenuptial agreement include property separation, child inheritance, alimony, and financial separation. Signing a prenup does not mean that you are anticipating a divorce, but it merely provides preparation for the couple in case of unprecedented circumstances.

Who Needs a Prenuptial Agreement?

There is a common misconception that prenuptial agreements are only made by the wealthy. Contrary to popular belief, prenuptial agreements can be of great benefit to people of all socioeconomic statuses. Anyone seeking clarity and peace of mind in a marriage should sign a prenup with their significant other.

What Happens If There Is No Prenup?

If you reside in Florida and you decide to divorce without a prenuptial agreement prepared, Florida law requires that in most cases,  your assets and debts are shared equally between the spouses. While this outcome doesn’t sound too bad, there is no guarantee that your assets prior to the marriage will remain as yours after a divorce. Signing a prenup can help prevent this from happening for it ensures that you will still have all your belongings regardless of what happens.

How Do You Make a Prenuptial Agreement?

If you wish to get a prenuptial agreement, you and your spouse will each need your own lawyer. After you discuss all financial division matters with your spouse, a family law attorney can help you draft, review, and finalize your prenup. A lawyer will also be able to ensure that your prenup is fair and equitable to both parties.

Searching For a Family Law Attorney?

If you are interested in making a prenup before your prospective marriage, you can start drafting one right away. Afterwards, a family law attorney can help guide you in the correct legal direction until you are confident in finalizing your agreement. During the process of making a prenup, they will help you protect your rights while also defending your best interests. To ensure the best quality of care that we believe you deserve, you will need a highly knowledgeable and experienced law firm. At Baginski, Brandt & Brandt, our Port St. Lucie family attorneys are confident in helping you make a comprehensive prenuptial agreement. To schedule a free consultation with us today, please contact us.



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Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
Fort Pierce By Appointment Only 311 S 2nd St., Suite 102b
Fort Pierce, FL 34950
Telephone: 772-466-0707 Fax: 772-223-9290 or 772-466-0907 Office Hours: 8:30 to 5:00pm M-F