Debunking Common Myths About Prenuptial Agreements
In Florida, a prenuptial agreement is an agreement that two people make before getting married concerning the ownership of assets should the marriage fail. A prenuptial agreement or prenup spells out, among other things, all the property each party owns, the debts they owe, each individual’s property rights during the marriage, and how property will be divided if the marriage fails or ends in divorce. Prenuptial agreements are more common nowadays than ever before. However, while more and more people are signing prenuptial agreements today, myths about these agreements persist. Below, we debunk some of the most prevalent myths about prenuptial agreements.
Myth #1: Prenuptial Agreements Reflect Poorly on Your Relationship
One of the most prevalent myths about prenuptial agreements is that they indicate doubts about your marriage. Some people still believe that signing a prenup means you doubt whether your marriage will work. However, the truth is that signing a prenup does not necessarily indicate a negative outlook on your marriage. Signing a prenup is a responsible and proactive approach to legal and financial matters.
Myth #2: Prenuptial Agreements Are Only for Wealthy Couples
You may have heard the myth that prenuptial agreements are only for people with a lot of wealth. Indeed, prenuptial agreements can highly benefit the wealthy. However, any couple can benefit from signing a prenup regardless of the amount of property they have. Prenuptial agreements serve several purposes, including clarifying financial rights and obligations during the marriage. Such a clarification can be important regardless of the amount of assets you have. Additionally, a prenup can address assets you earn in the future, meaning it can protect future earnings.
Myth #3: Prenuptial Agreements Are Unlikely To Be Enforced
Prenuptial agreements can and are often enforced. However, the enforceability of a prenup depends on several factors and compliance with legal requirements. The following are some of the common reasons a prenup may be unenforceable;
- Duress or coercion
- Lack of full disclosure
- Terms are one-sided
Myth #4: Prenuptial Agreements Are Always Unfair to One Spouse
You may also have heard that prenuptial agreements are always unfair to one spouse. The truth is that prenuptial agreements are intended to be fair. These agreements are meant to be reasonable. However, it is possible for a prenup to be unfair or unreasonable. Fortunately, if a prenuptial agreement is considered unfair or unreasonable, it can be disputed and invalidated.
Myth #5: A Prenuptial Agreement Can Decide Issues of Child Support
Child support cannot be waived in a prenup. Also, a prenup cannot adversely affect a child’s right to support. In Florida, courts consider the child’s best interests at the time of the divorce or separation when making child support decisions.
Myth #6: A Prenuptial Agreement Cannot Be Contested
As mentioned already, if a prenuptial agreement is unfair or unreasonable, it can be contested. However, challenging a prenup can be a complex process. It is advisable to retain a skilled family law attorney. An attorney can help you gather evidence, initiate legal proceedings, negotiate, and represent you in court if your case proceeds to a court hearing.
Contact a Tampa Family Law Attorney
If you have questions or need help with a prenup, either help with drafting one or contesting one, contact an experienced Tampa family law attorney at the Law Office of Laura A. Olson, P.A.
