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prenuptial agreements Archives

What questions should I ask to decide if I need a prenup?

It seems like whenever a celebrity couple goes through a divorce most of their financial concerns are managed through the interpretation and application of their prenuptial agreement. As previously discussed on this Florida family law blog, prenuptial agreements, also known as prenups, are contracts that individuals make with their future spouses that outline how they will divide up their financial assets and property if they divorce. Not all individuals may choose to enter into prenups before they wed but people planning to marry may wish to ask themselves several important questions before they definitively decide against creating them.

Ways that a prenup may be challenged in court

Like other contracts, prenuptial agreements must be reviewed and agreed to by both of the parties who sign off on their terms. Tampa couples may enter into prenuptial agreements before getting married to spell out their financial expectations during their marriages as well as in the event of their divorces. However, not every prenuptial agreement that is created will stand up in court. Many of the ways that a prenuptial agreement may be invalidated arise from one of the parties to it facing significant hardships.

Who needs a prenuptial agreement?

While no couple actually needs a prenuptial agreement to satisfy the requirements of the state's marriage statute, many couples can benefit from having these important documents in place prior to formalizing their relationships through marriage. To that end, any couple, from the very rich to those of modest means, may benefit from signing a prenuptial agreement before entering into a marital union.

What are the requirements of a valid prenuptial agreement?

Prenuptial agreements are contracts and, as such, they must follow certain rules in order to be valid. This post will touch on some of the important requirements that Florida residents must follow in order to keep their prenups valid, but, as with all legal matters, it is imperative that readers seek their own legal guidance on matters specific to their family law needs.

What is a post-nuptial agreement?

A post-nuptial agreement is the equivalent of a prenuptial agreement, with the exception that it takes place after a couple is married. Some couples may say that if their spouse approached them about a post-nuptial agreement, it would be a deal breaker that would end the relationship. While that may be the case in some instances, in other it can actually be a step towards saving a marriage.

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