Prenups - Frequently Asked Questions

Is a prenup a good idea?

Yes, definitely! Establishing a prenuptial agreement with your partner is a great way to get complicated issues, such as finances, insurance, and property, out of the way early on. During a marriage, many things can change between you and your partner. It is necessary to have a backup plan to protect your financial situation in case of a possible divorce or death in the future.

Are prenuptial agreements enforceable? Do they hold up in court?

Valid prenuptial agreements are legally enforceable contracts in Florida. Even foreign prenuptial agreements (from another state or country) are enforceable as long as the contract is valid in the jurisdiction where it was signed, and it does not run counter to Florida law.

What are the pros of having a prenuptial agreement?

A prenuptial agreement can protect the inheritance rights of your children from a previous marriage, and even protect your business or professional practice interests. This also applies if you give up a lucrative career after the marriage. Also, if your spouse has significantly higher debt than yours, a prenup can protect you from any obligations.

What are the cons of having a prenuptial agreement?

You may need to give up some rights of inheritance from your spouse when they die. You may not be entitled to a fair share of the increased value of your spouse's business or professional career unless your spouse agrees to it in the contract. Finally, it may be difficult to project potential future issues in a prenuptial agreement.

Despite these cons, a prenuptial agreement is an excellent communication tool for couples. Discussing the terms of a contract can help provide valuable insights into what you both expect from your relationship.

Does getting a prenup mean that you don't trust your partner?

Quite the opposite! It means that you are determined to make the relationship as transparent as possible, to openly discuss the details of your financial situation, and to do your part to make it work.

What can be included in a prenuptial agreement?

• Rights to any property acquired during the marriage
• How marital assets will be disposed of after a divorce or death
• Rights and obligations related to financial transactions such as mortgages and leases
• Any other issue not violating Florida public policies or criminal laws
• Florida law also allows people to waive any rights to alimony in prenuptial agreements.

Is a prenuptial agreement right for you?

A prenuptial agreement can help avoid costly and exhausting divorce proceedings while protecting your interests and those of your family.

Contact Our Orlando Family Law Firm Today!

If you have any questions about negotiating, drafting, enforcing, or even finalizing a prenuptial agreement in Florida, we can help! Please contact The Roberts Family Law firm at 407-426-6999. Our team of family law attorneys is ready to handle all your inquiries.