Coming into the light: utility of marital contracts now often seen

| Sep 16, 2020 | Divorce

Many Florida couples and other prospective spouses nationally who execute prenuptial agreements these days perhaps have little clue concerning how much of a hot-button topic they once were.

One in-depth overview of prenups (also called premarital agreements) notes that they were once flatly illegal in many states. A primary reason traced to the moral outrage many people had toward a document they felt somehow cheapened marriage and made divorce more likely. Critics felt that a prenuptial agreement was simply a device for hedging bets and a guaranteed strike against marital success even before a union started.

Although some people still harbor that view, prenups are now lawful everywhere across the country and widely acknowledged for the autonomy and certainty of assurance they give couples over key financial matters. A premarital contract is a planning instrument that can focus attention on and encourage candid discussion regarding a number of important points.

When might a prenuptial agreement merit discussion?

Many articles on prenups, including the above-cited overview, note that they often invite attention in scenarios like the following:

  • When one or both marrying partners already have significant assets that they want to ensure remain as separate property if a divorce occurs
  • When one or both partners have an established business they want to protect from property division
  • When one or both partners have children whose future inheritances they don’t want to see challenged by a marriage failure

Indeed, a prenup can effectively address a truly wide universe of subject matter (excepting efforts to determine child support or custody and any matter judicially deemed to violate public policy or any existing law). A prenuptial agreement can naturally spark questions and concerns ranging from how-to-get-started issues to enforceability and additional matters. A proven family law legal team can provide further information.