The necessity of prenups

Florida residents who are planning to get married and have children should consider completing a prenuptial agreement before getting married, particularly if one spouse plans to remain at home to raise the children. If a divorce occurs, it can be very difficult for the stay-at-home parent to reintegrate in the workforce. Although custodial parents are likely to be awarded some type of child support, that financial support will end when the children become 18 years old. Having a prenup in place that specifies the financial responsibilities of both parents can help ensure that the stay-at-home parent will have some long-term financial security after a divorce.

Pets are another reason to complete a prenup as many people tend to consider them surrogate children. If a marriage ends in divorce, what will happen to the pet will already have been addressed in the completed prenup.

Prenups are also advisable in situations in which one person in the relationship has accumulated or inherited more assets than the other person. If a divorce takes place and no prenup was signed, the assets individuals owned before their marriage typically remain in their possession after the divorce. However, there may be exceptions, and individuals may have to allocate a significant portion of their assets to their ex-spouse. In order to save themselves money and time in the future, individuals with more assets than their significant other should take time before their marriage to determine how the assets are to be handled if a divorce occurs.

A divorce attorney may protect the interests and assets of clients by negotiating favorable terms for prenups. The attorney may advise what should be included in a prenup regarding the division of assets, including retirement assets, and spousal support in the event of a divorce.

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