Benefits of a prenuptial agreement

By Marrero, Chamizo, Marcer Law, LP,

Despite many believing that prenups are only for the wealthy, regular individuals should also consider getting one. Prenuptial agreements are like an insurance policy that protects both people if a marriage fails. There are several reasons couples in Florida might want to consider a prenup before getting married.

A prenuptial agreement allows both people to list what each one brought to the marriage and what happens to those items and assets if a divorce occurs or one spouse passes away. This means that a bulk of the assets, businesses, properties and more that belong to a person could be passed onto heirs instead of going to a spouse, and this might be useful when one has children from a previous relationship.

A prenup is a way for a couple to make decisions instead of going to court. A judge typically tries to split everything in a fair way, which means a spouse who is older, ill or is not able to work for some reason might receive more so to ensure this person is taken care of. Judges might also order alimony payments. With a prenup, however, a couple would have already decided most of these factors beforehand.

There are other options for couples who wish to divorce without going through the court process. Mediation and negotiation also aim to help spouses reach settlement arrangements that both parties agree on. Typically, both parties must be willing to communicate honestly and compromise for these alternative methods of divorce to work. These methods might be helpful when children are involved so that parents can focus on doing what is best for their offspring.