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Florida is not a community property state, but you should still take measures to safeguard your premarital assets if you are concerned about the issue. For a prenuptial agreement to be valid in Florida, it’s required that both parties sign the written document voluntarily. All financial disclosures should be made to ensure the document is entered into with good faith. Anyone with property they are concerned may be in jeopardy post-divorce can opt for a prenuptial agreement. Individuals with considerable assets are more at risk for financial trouble when they forego a prenuptial agreement. Because many marriages fail, couples with high-value assets at risk should take steps to protect them.

5 Tips for Asking for a Prenuptial Agreement

What is considered a beneficial legal tool to ensure fairness and equity in the event of divorce has come to represent greed, distrust, and a doomed future for the relationship. Dealing with the prenuptial agreement conversation doesn’t have to be so stressful or lead to broken hearts. We offer some tips for how to gently and respectfully broach the subject. Consider these five tips for asking your fiancé for a prenup.

  • Don’t Wait: Putting off the conversation and delaying it will only make matters worse. A prenuptial agreement is the worst time to practice procrastination. The sooner you bring up the topic, the better the outcome. The more time your fiancé has to think about the issue and come to terms with any reservations, the better it will be for your relationship long-term.
  • Work Together: A prenuptial agreement doesn’t have to be one-sided. In fact, it shouldn’t be. In order for the agreement to be fair, it should be equitable and honest. All your assets and financial information should be disclosed. Once everything is out in the open, ask your fiancé for their input or suggest they hire an attorney to represent their interest. You could also work together to create a financial document using mediation or collaborative techniques.
  • Look at the Big Picture: A prenuptial agreement isn’t solely a document used to manage the outcome of current assets. If you have started a business or have investments you’ve cultivated outside the relationship you want to protect, now is the time to outline that in writing. It’s okay to speak about the assets and debts you have now in the present and any you expect in the future. You can work to protect future assets from an enterprise prior to the relationship, but the theme and spirit of inclusion are that it must be a fair request.
  • Own It: If you want a prenuptial agreement, then own up to it. Don’t blame it on your parents or your attorneys. Nothing good can come from this shift of responsibility and blame. If you hope to start your marriage off in a good place, you can’t start it with untruths. It will also poison relationships with individuals, like in-laws and business partners.
  • Explain Why You Need It: Be honest and explain to your fiancé why it’s important to secure a prenuptial agreement in your situation. Do you have a business with employees and investors to consider? Do you have considerable assets that you want to ensure are transferred to family members if you should die? Let your partner know the reasons behind your request. Don’t just throw out the request and let it sit there unexplained. Your fiancé could be imagining it to be something worse than it is.

There are many valid and understandable reasons to put a prenuptial agreement into place, but it doesn’t mean it’s not a difficult conversation for most couples. Situations like children from previous relationships and the need to preset alimony can all be discussed and outlined in a prenuptial agreement.

Reasonable and Measured Divorce Guidance

It doesn’t have to be a dreaded conversation. The attorneys at Mitchell & West LLC have more than a century of combined experience. We can help you and your fiancé work together to create a mutually beneficial prenuptial agreement. Call us today at (305) 783-3301 to schedule a consultation, or you can use our online contact form to request more information.