5 Reasons to Get a Prenuptial Agreement

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Are you getting married soon? Congratulations! But here are some things you may want to consider about getting a prenup before that marriage.

Hi, I’m Sergio Cabanas, Managing Attorney of the Divorce & Mediation Law Firm. Thank you for joining me today.

Today’s question is: “Sergio, I’m planning on getting married soon, but can you give me some of the reasons why I should think about getting a prenuptial agreement?”

Well, good question. And there are many reasons for getting a prenuptial agreement. Right now I’ll just go over the top 5 that you should think about.

Reason #5: There may be assets that you’ve already acquired prior to your marriage, that you would like to protect in the unlikely event of divorce. After all, divorce is always a possibility. You could have, for example, a house, investment accounts, pensions, retirement accounts, etc., that you would like to protect in the event of divorce.

And Reason #4: Are you expecting to acquire assets after you’re married? Such an inheritance, proceeds from a lawsuit. Maybe you’re expecting some type of special bonus from your job or business acquisition. If you’re interested in protecting such assets in the event of divorce, think about that prenuptial agreement.

Reason #3: We already talked a little bit about how prenuptial agreements can protect existing assets or future assets, but did you know that a prenuptial agreement can actually protect you against debts acquired by your spouse during the marriage? Such debts could be student loans, a lawsuit, credit card debts. Did you know that under Florida divorce laws debts acquired during the marriage are considered to be marital? Which may mean that you could be on the hook for your spouse’s debt regardless of the fact that he or she acquired the debt during the marriage.

Now we get to Reason #2: Prenuptial agreements aren’t always about protecting assets, as we discussed, and it does more than just protect against your spouse’s debt. But did you know that it can also help protect your children from a prior relationship? If you have children from a prior relationship, you should think about getting a prenuptial agreement because it will allow you to leave an inheritance for these children without being subjected to your spouse’s right to inherit your assets in the event of your death. This is a very common situation where one or both spouses may have children from prior relationships and they wish to leave an inheritance for those children.

And now we get to the top Reason #1 of why you should think about a prenuptial agreement. A prenuptial agreement can go a long way to protect you against your exposure for alimony. So, if your income is higher than your spouse, or you expect your income to be higher than your spouse, you should think about a prenuptial agreement as soon as possible.

So there you have it. Those are the Top 5 Reasons for considering a prenuptial agreement if you plan to marry soon. Keep in mind that Florida law requires that the agreement must be properly drafted, pursuant to Florida law. It must also be signed properly and it has to be done the right way. Otherwise, it could be invalidated by the court. So, don’t take chances! Call us today about your prenup.

I hope this short video provided you at least some reasons that you should think about when it comes to prenuptial agreements. Thank you again for joining me today. And as always: Stay informed so you can stay strong.

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Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580
https://cabanaslawfirm.com

Author

Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.