Prenuptial agreements are becoming more and more common amongst millenials today. Read here for more information.
The primary purpose of a prenuptial agreement is to modify or minimize the general discretion of a judge in doing equity between the parties. Every married couple has a prenuptial agreement. Either you and your spouse decide what it includes or you allow a judge to decide for you. A prenuptial agreement can protect individual's pre-existing assets from before the marriage and can even protect an individual's future assets that they anticipate accumulating down the road. The agreement is intended to define the parties' mutual equities and a trial judge is not free to ignore the agreements' provisions.
We live in a world where people are getting married later in life. This increasing average age of marriage means that people are getting married with more and more assets (and liabilities) to their name. Historically, a prenuptial agreement or “prenup” has been tagged as an unromantic step in the marriage process. However, today these agreements are far more practical and often necessary.
The agreement forces a couple to discuss their financial situation before tying the knot. Although it may seem daunting to discuss the possibility of a break up before a marriage even begins, a prenuptial agreement actually may help a couple stabilize their future by opening up communication channels to important financial topics.
Florida prenuptial agreements are governed under the Uniform Premarital Agreement Act, which can be found here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute
For more information on prenuptial agreements, please check out our FAQs page, or contact our office.