Do You Have to Have Prenups and Postnups?
When you hear the words “prenuptial agreement,” you might think of high-profile celebrities or wealthy individuals who are protecting their assets. But prenups and postnups can be beneficial for any couple, regardless of their financial status.
Our Brandon family law attorneys at Carman, Bevington & Finegan, P.A., help people create legally binding prenups and postnups. We can explain whether having a prenuptial or postnuptial agreement would be beneficial in your situation.
What are Prenuptial and Postnuptial Agreements?
A prenuptial agreement, or “prenup,” is a contract between two people before they get married that outlines how any assets or debts acquired during the marriage will be divided in the event of a divorce. A postnuptial agreement, or “postnup,” is similar but is created after a couple has already tied the knot. Both documents cover topics such as asset division, spousal support (alimony), business ownership rights, and more.
Are Prenups and Postnups Mandatory?
No—neither prenups nor postnups are mandatory when it comes to marriage. However, having one could save both parties from significant headaches if they ever decide to part ways down the line. A prenuptial agreement is especially helpful if one person has significantly more financial resources than the other. It provides clarity on how assets will be divided in case of a divorce so that neither spouse feels like they were taken advantage of financially during the split—which can help them move forward without resentment or regret in their future relationships.
What are the Benefits of Having a Prenup or Postnup?
A prenuptial agreement helps both partners protect their individual interests by addressing any potential issues related to asset division before they get married—which can reduce stress and anxiety surrounding these decisions later down the road. Additionally, couples who create a pre/postnuptial agreement often feel as though this process strengthens their relationship because it encourages open communication about money from day one. This transparency can lead to better decision-making now and in the future as long as both parties are honest about their expectations for themselves and each other throughout the marriage journey.
Who Should Have a Prenup or Postnup?
While pre/postnuptial agreements are not required for everyone getting married, there are certain scenarios where having one would be beneficial:
- couples with children from previous marriages;
- couples with significantly different levels of wealth;
- couples with large amounts of debt;
- couples with businesses together;
- self-employed individuals;
- those entering into second marriages; and
- those who plan on cohabiting instead of getting married legally (commonly referred to as “common law marriages”.
In most cases, it is best to have an attorney present during negotiations in order for any agreements regarding prenups or postnups to be legally binding. Under Florida law, prenups and postnups must be in writing and signed by both parties to be considered valid and legally binding (Florida Statutes § 61.079).
Discuss a Prenup/Postnup with Our Attorneys at Carman, Bevington & Finegan, P.A.
At the end of the day, whether you need to have a pre/postnuptial agreement depends on your unique situation but these documents can provide useful protection against potential conflicts down the line if something should happen between you and your partner while married. Reach out to our family law attorneys at Carman, Bevington & Finegan, P.A., to discuss your particular situation. Call 813-305-0682 to get a free case review.