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The Prenup – I Do or I Won’t

Prenuptial agreements aren’t just for the super wealthy any more. The fact is that roughly 50 percent of marriages end in divorce, and more couples are taking steps to prepare to be a part of that statistic before they even say their “I dos”.

The Prenup I Do or I Won’t

In a survey of attorneys across the United States, 63 percent of them reported that the occurrence of clients requesting prenups has increased dramatically within the past year.

One problem with prenups is that there are often couples where one partner definitely wants one, but the other partner isn’t so sure about it. It presents a serious problem if one partner refuses to marry the other without a prenuptial agreement. So, what can you do if this happens to you?

The Basics – What Does a Prenup Do?

Prenuptial agreements are a way to decide how you and your partner will divide assets and debts if you decide to divorce. Without this type of agreement, state law will determine how your assets are divided. The agreement protects the couple by allowing them to create a unique agreement that works for them. The prenup will do absolutely nothing unless you decide to divorce.

One of the biggest reasons that someone wants a prenuptial agreement is that their financial status is very different from that of their future spouse. This could be in either assets or debts. This is particularly important in states that have community property laws (which Florida does not currently have). In community property states, all of the couple's assets and debts are piled together the moment that they say, “I do”. This can cause some serious disagreements in a divorce proceeding.

Can I be Forced into Signing a Prenup?

No. Your partner can never “make” you sign a prenuptial agreement. In fact, if you are pressured into signing it, then the court can determine that it is void.

There are cases where the husband or wife gives their partner a prenup to sign just days or hours before the wedding. Obviously, the partner being presented with the prenup does not want to call off the wedding (which likely includes all of your family and closest friends), so he or she signs the agreement. This usually occurs even if they did not necessarily agree to the terms, out of a sense of necessity or pressure to do so. In many of these types of situations, the prenup will be voided by the court if the spouse who drew up the prenup tries to enforce it.

If You Are Presented with a Prenuptial Agreement…

Call an experienced attorney at 305-717-7130. They can look over the agreement for you to be sure it is fair and equitable. They will also be able to explain confusing legal terminology as well, and suggest ways that you can amend the prenuptial agreement to better suit your needs.

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135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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