Could a prenuptial agreement hurt my interests?

Most individuals who choose to execute prenuptial agreements do so because they have compelling property or financial interests that they want to protect. In Florida, couples who wish to execute prenuptial agreements may do so and may see those documents enforced in the event that they later divorce. In some cases, they may find that the terms they agreed to prior to their marriages are no longer in their interests.

For example, some property that may otherwise be considered marital property during a divorce may be given to only one party if such a stipulation was included in the couple's prenuptial agreement. In a prenup, a person may agree to release any claims to the earnings or growth of their partner's business even if they, the releasing party, worked for and supported those goals. Generally, the contributions that a person makes to their partner's successes may make otherwise separate property marital property during a divorce.

Also, couples who begin their marriages with prenuptial agreements in place may experience some concerns over whether their unions are "doomed" from the start. Although prenups can be effective tools for protecting individuals' interests, they are not particularly romantic and can be difficult to negotiate with soon-to-be marital partners. Not all individuals or couples are comfortable making these contracts before tying the knot.

Couples who are planning to get married should look into whether prenuptial agreements will benefit them or potentially harm their future interests. It can be difficult to make these legal and financial determinations on one's own and, therefore, anyone struggling with these and other prenuptial agreement questions may want to discuss their concerns with their trusted family law and divorce attorneys.

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