4 Common Misconceptions about Prenups in Florida
If you’re considering developing your own prenup, you need an experienced Fort Lauderdale family law attorney to help you with this process.
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March 30, 2018.
posted in Family Law
4 Common Misconceptions about Prenups in Florida

On behalf of The Law Office of Gustavo E. Frances, P.A.

Having a discussion about prenuptial agreements is perhaps the most unromantic thing that you can do with your fiancé. However, it may be a necessary conversation for your relationship. Nonetheless, prenuptial agreements have some negative stigma attached, even if they may be beneficial.

The Law Office of Gustavo E. Frances, P.A. has enough experience as a Fort Lauderdale family law attorney and with this type of agreement to know that this negative stigma is often unwarranted. Below are just a few of the common misconceptions associated with creating a prenuptial agreement in Florida.

  • Myth: Prenups are only for the super wealthy.

Anyone can create a prenuptial agreement. While many people make them because they are concerned about sharing the wealth in the event of a divorce, there are many other reasons to create this type of document as well. For example, you may want to set out specific agreements regarding inheritances for children outside of the marriage. Your prenuptial agreement can describe assets that you would like left to your children instead of your spouse.

Prenups can also designate how future debts may be distributed as well. Imagine that one spouse is going to be starting up a new business after the marriage. That business may require that the spouse incur a significant amount of debt. Your prenuptial agreement can set out that that debt is one spouse’s obligation alone.

You may be surprised at the goals that a prenuptial agreement can accomplish. Talking to a family law attorney in Fort Lauderdale about your options will help you get a feel for what you can and cannot do.

  • Myth: Talking about divorce can increase your likelihood of getting divorced.

Your prenuptial agreement can cover a wide variety of aspects of your relationship. While these conversations may be difficult, they can actually help you build a stronger marriage in the long run. Discussing these challenging issues, like inheritance and financial goals forces you to consider some aspects of your marriage that you might not have otherwise addressed at this stage in the relationship.

Having this conversation now avoids having to discuss it when it may be a conflict later. It also sets the tone for your marriage—you are expecting to communicate about these often problematic issues throughout your relationship.

  • Myth: Prenuptial agreements are rarely enforceable.

Florida courts will commonly uphold prenuptial agreements as long as they meet legal requirements. For example, a prenuptial agreement must be entered into willfully, with no signs or indications of fraud, duress, or coercion. These agreements in Florida require full financial disclosure, and some protections for the spouses fewer assets may be necessary.

If you engage a family law attorney that has experience in creating prenuptial agreements, this type of contract between you and your soon-to-be spouse should be enforceable under Florida law.

  • Myth: Creating a prenuptial agreement is expensive.

Prenuptial agreements are actually reasonably cost-effective. In many cases, working out these details now will save you significant time, effort, and expense should you actually have to go through a divorce.

If you’re considering developing your own prenup, you need an experienced Fort Lauderdale family law attorney to help you with this process. These agreements must meet specific guidelines to be valid in the future, and the Law Office of Gustavo E. Frances, P.A. can create a document that not only meets the legal requirements under Florida law but also works well for you and your soon-to-be spouse. Contact us today by calling 954-533-2756 .

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