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Getting married? Why you will want to consider a prenup

If you are getting married this summer, you probably are in the home stretch of wedding planning. Between the last-minute changes, making a seating chart and printing up programs, there is certainly a lot of planning to do during this time.

As difficult as it may be to add something else to your plate, you may want to take some time to consider another type of plan: a prenuptial agreement. It can be uncomfortable and inconvenient to discuss a prenuptial agreement with your soon-to-be spouse, but the fact is that doing so could save you both some time, money and heartache in the long run.

As dictated by Florida statutes, prenuptial agreements can include many clauses, most of which will be financial.

For instance, a prenup can:

  • Assign or waive an award of spousal support
  • Identify individual rights and obligations for separate assets and properties
  • Dictate permissions to sell, use, create, manage and/or control property
  • Clarify both parties' intent for property division in the event of divorce or death

You may also want to consider including clauses that address personal obligations and rights for each spouse.

While these legal documents can be very effective at protecting the items discussed above, they can only do so if they are properly drafted and enforceable. If you or your partner is threatened or coerced into signing a prenup, or if the agreement includes fraudulent, unconscionable or unreasonable clauses, it may not be valid.

Many couples avoid talking about prenuptial agreements because they are focused on building the rest of their lives together and feel it is mean or unnecessary to even consider the idea.

But the truth is having a prenup is not an indication that you or your partner believes your marriage will fail. In fact, many people never even need to refer back to their prenuptial agreement. However, just like you should have backup plans in case some rain falls during an outdoor wedding, a prenup can be prove to be a great source of protection if and when you need it most.

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