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Who Needs a Prenup?

Once associated exclusively with the wealthy, prenuptial agreements have become a consideration for many couples deciding to say, “I do.”

We now live in a society where second marriages, inherited assets, and blended families are increasingly common. Prenups can be a practical, proactive approach to safeguarding individual interests and avoiding potential conflicts. Whether it’s a family business, a substantial inheritance, or wanting to protect children from previous relationships, prenups provide a legally binding way for couples to ensure fair asset distribution while mitigating future disputes.

Cobb Cole’s family law attorneys understand firsthand the value of prenuptial agreements in starting a marriage built on mutual financial understanding and respect. We know that prenups can be a terrific opportunity for couples to discuss their finances and establish a clear framework for property division and responsibilities in the event of separation or divorce.

Benefits of Prenup Agreements

Prenups are an important tool for reducing conflict and confusion during a marriage. For instance, if you own or manage a family business, have children from a previous marriage, or are entering a marriage with significant debt, a prenuptial agreement can give you, your spouse, and your family peace of mind. Prenups are not written because the couple expects the marriage might end; it’s usually because the financial stakes are higher, and more parties could be affected if it does.

Advantages of signing a prenup include:

  • Allowing partners to address beforehand the most common legal issues that arise in a divorce that can be emotionally and financially costly later on.
  • Helping avoid expensive litigation.
  • Motivating couples to discuss money management and expectations, promoting open and honest communication.
  • Protecting the inheritance rights of children from previous relationships.

Finally, a prenup allows a couple to maintain control over their financial futures rather than leave critical decisions to a judge.

What Makes a Prenuptial Agreement Valid in Florida?

Florida Statute 61.079 provides guidelines for what makes a prenup legally binding according to state law.

  1. It must be in writing. Verbal prenuptial agreements are invalid in Florida courts, as are handwritten agreements, which aren’t considered legal documents.
  2. Legal signatures. Both parties must sign the prenup. While there are no set rules for when the agreement should be signed, legal experts recommend preparing and signing it at least a month before the wedding, as waiting to the last minute could indicate the document was signed under duress.
  3. Voluntary creation. Prenups must be entered into without coercion or the threat of violence. If the court believes one party felt forced to sign the agreement, it could consider the entire document invalid and unenforceable.
  4. Truthfulness. Both parties must fully disclose all their assets and finances. If either party makes false representations, the entire agreement could be deemed invalid.

Do You Need a Prenup Agreement?

Between two and three million couples marry annually in the US, with Florida’s approximately 173,000 weddings ranking it third among all states. The majority do not enter into prenuptial agreements. However, a well-crafted prenup can be a valuable tool, providing you with asset protection and financial security.

A family law attorney specializing in prenuptial agreements has the legal expertise to ensure assets are protected and fairly distributed in the case of divorce or death. 

At Cobb Cole, we understand the complexities and sensitivities involved in prenups and are here to provide legal representation for couples preparing to marry. Contact us online or call 386-255-8171 to learn more.

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