More Couples Seek Prenuptial Agreements Prior to Marriage
A recent news article reports that more and more couples are preparing for their wedding by first consulting a lawyer. The reason behind these law office visits? Prenuptial agreements. An increasing number of couples are seeking to enter into prenuptial agreements these days before diving into marriage, perhaps due to larger public awareness of the rising divorce rate. According to a 2015 study, attorneys say that they have been issuing these agreements more regularly than they did in the past.
How a Prenuptial Agreement Works
A prenuptial agreement can help you protect your assets, or those of your spouse, that are owned prior to the marriage. It also can shield one spouse from the other spouse’s debts and determine how assets will be allocated in the event that either spouse suffers an untimely death. Each prenuptial agreement will differ according to the specific needs of and facts concerning each couple’s situation. As a result, there is no standard format for a prenuptial agreement. The provisions of each agreement are unique to each couple’s situation. While a prenuptial agreement can address many different issues, it is not necessary to address issues except those that a couple chooses to address. Plus, some issues are not permissible in prenuptial agreements. These issues include child custody, parenting plans, and child support calculations. Since many different factors affect these types of issues, and those factors are likely to change as time goes on, any such provisions contained within prenuptial agreements are largely unenforceable.
Popularity of Prenuptial Agreement Rises
While public perception used to be that prenuptial agreements were solely for wealthy, upper-class clients, that is no longer the case. Plenty of middle-class couples are seeking prenuptial agreements, as well. Now, many individuals believe that entering into a prenuptial agreement is actually a sign of love and hope for the intended marriage, rather than a sign of pessimism and resignation to a future divorce.
The Downfalls of a Prenuptial Agreement
Still, the suggestion by one prospective spouse that the couple execute a prenuptial agreement doesn’t always go over so well. When the couple has not ever discussed the possibility of a prenuptial agreement, and one spouse suddenly brings up the topic as the wedding date begins to approach, things can go south pretty quickly. If one party feels strongly about executing a prenuptial agreement, the subject should be broached well in advance of any wedding date. Ideally, couples should discuss the matter thoroughly and each should consult his or her individual lawyer before entering into any prenuptial agreement. By each spouse-to-be getting clear legal advice about the benefits and consequences of signing a proposed prenuptial agreement, you will help ensure that both of you are entering into the marriage with your eyes wide open.
Contact Our Office for Help
Vanessa L. Prieto Law Offices, LLC, provides legal assistance to individuals in Fort Lauderdale who are facing any type of family law-related matter, including prenuptial agreements, divorces, child custody cases, and child support issues. No matter what your situation may be, and no matter what type of family law issue you have, we are here to guide you through what is often complicated process. Contact our office today by calling 954-800-2362 or filling out the online form located on the website.