Skip to Content
Mitchell & West, LLC Mitchell & West, LLC
Call Today For Personalized Legal Solutions 305-783-3301

Protecting Your Rights Through a Personalized Approach

Learn More About Mitchell & West

A prenuptial agreement is a legally binding contract signed by a couple who intend to enter into marriage, determining agreements regarding financial division, rights to property, and stipulations in the event of divorce. Creating a prenuptial agreement allows a couple to discuss financial expectations, deal-breakers, consequences of adultery, and financial guidelines within the marriage. Contrary to popular belief, prenups are not just for the wealthy. A prenuptial agreement can be drawn up for both wealth and debt, high-income or low-income, or any relationship that involves protection of clarity.

Prenuptial Agreement Benefits: Why is a Prenup Good for my Marriage?

How might a prenuptial agreement make your marriage better? There are numerous benefits to creating a prenup as well as to discussing the terms of the prenup.

Drafting a prenup allows you to:

  • Open conversation about finances which may prevent financially driven disagreements about money.
  • Protect the inheritance of children or grandchildren from before the marriage, or inheritance you received prior to the marriage.
  • Protect one spouse from another’s debt- prevent the spouse from acquiring undue debt.
  • Set parameters for child rearing, stay-at-home guidelines, and financial “compensation” for time spent away from a career.
  • Discuss deal breakers, such as cheating, theft, abuse, and if there will be financial consequences upon divorce.
  • Discuss what actions would break the prenuptial agreement.
  • Provide insight into otherwise unknown property, previous marriage-based financial obligations, assets, or debt.
  • Save time and money in the event of divorce.

What Are the Drawbacks of a Prenup?

Although a healthy relationship should involve open conversations about all topics, a prenuptial agreement may still bring up some insecurity, potential resentment, or other negative emotions.

 Drafting a prenup may negatively affect your relationship because it:

  • Creates tension. If you have not yet had a talk about money, or debt, bringing up a prenup may create confusion or tension for both parties, as the gravity of finances is one typically avoided pre-marriage.
  • Limits the benefits of your contributions to the relationship. For example, if you help your partner with his or her business but the prenup allots you a limited portion of the profits, your contributions may not be profitable
  • Denotes a lack of trust in the relationship, the future, and the other partner.
  • Risks “honeymoon phase” decisions not being applicable or fair once the reality of marriage sets in.
  • Brings forth otherwise hidden debt or assets, creating potential arguments about not being truthful.

Draw Up Your Prenup with Help from Our Team!

When you are entering a relationship with concerns about financial obligations or division of assets, it pays to have a prenup. Our team of Florida attorneys at Mitchell & West, LLC can work with you and your partner to discuss the years ahead, what is expected, and what will happen if your marriage ends in divorce. Let us help you enter your marriage with confidence and understanding, by creating a prenuptial agreement.

Contact our team at (305) 783-3301 to discuss your prenuptial agreement.

Share To: