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Don’t let outdated ideas keep you from the protection of a prenup

On Behalf of | Mar 31, 2022 | Divorce

Twenty years ago, people would likely consider it an insult if you told them that you wanted a prenuptial agreement after proposing to them. People thought it was an indication you distrusted their intentions or that you didn’t expect the marriage to last.

These days, attitudes about prenuptial agreements have shifted drastically. Your fiance(e) is less likely to take offense at your suggestion and more likely to view it as a totally reasonable request. As divorce has become an accepted part of modern life, more people have had to endure a divorce themselves or witness someone they love struggle through the end of their marriage.

Trying to protect against that is not just understandable. It is intelligent.

 An agreement now lets you focus on fairness

When couples divorce, intense emotions arise. Although you and your ex may pledge to be civil, you may have a hard time focusing on that promise at the end of your marriage. By setting reasonable and fair terms for property division, custody and even spousal support before you marry, you prevent those acrimonious battles.

You also take the mystery out of divorce, which can reduce its allure for some people. When everyone already knows what to expect, court proceedings become a technicality, rather than a tense confrontation with bearings on your future.

How do you draft a viable and useful agreement?

Signing a prenuptial agreement now won’t do you much good if the courts quickly invalidate it in the early stages of a divorce. You want to ensure that your document meets all Florida requirements.

Both fiance(e)s should have their own attorneys review the document. It’s important that both sides seek out protections and make concessions in the agreement, or a judge may later rule it is unconscionable because it only benefits one of you. Finally, you should focus on practical matters, not personal details that a judge couldn’t enforce.

When you follow the right process for the creation of a prenuptial agreement, it doesn’t need to be a point of contention between you and your intended spouse. Discussing a prenuptial agreement with your fiance(e) can be a way to set you both up for a more successful and stable future.