5 Prenuptial Myths Busted

Getting married is often regarded as one of your life’s most romantic moments. Some things, however, are not as romantic – like drafting a prenuptial agreement. However, before a wedding, the practicality of establishing a prenuptial agreement will often outweigh the need for romance. Unfortunately, prenups have gained a poor reputation as an “omen for divorce” and other sinister connotations, but most of the myths surrounding prenuptial contracts are simply not accurate.

Here are some of the popular prenuptial myths and why they are not true:

Myth #1: Prenuptial agreements are only for wealthy people.

Prenuptial agreements are an option for any couple, no matter their financial standing.  The objective of a prenuptial agreement, apart from defending assets, is to guarantee that the pair can pre-determine the resolution of many of the problems in the unfortunate case of a divorce. Although there are some constraints, it provides couples the liberty to write their own set of laws. This can decrease controversy and litigation if divorce occurs, which can be an economic advantage for both sides.

Myth #2: Prenuptial agreements are expensive.

The cost of acquiring an attorney to prepare a prenuptial agreement is comparatively small given the prospective cost and time it may take to finish a divorce action. With a mutual understanding of how the divorce will be handled, you may be able to circumvent much of the struggle experienced by other divorcing couples.

Myth #3: Prenuptial agreements are only useful if there is a divorce.

Prenuptial agreements are also essential in maintaining your desires as outlined in a report on estate planning. Without a prenuptial agreement, your estate may be treated differently after death than you intended. This can be protected by a prenuptial agreement. Additionally, you may want to outline your expectations of managing cash during marriage, i.e. how you will obtain assets, whose income will be spent for what reasons, etc. A prenuptial agreement enables you to understand these expectations in writing so that you and your spouse are on the same page.

Myth #4: Prenuptial agreements are a sign of distrust.

One of the most persistent myths about prenuptial agreements is that they point to one spouse being distrustful of the other or being somehow less than fully committed to the marriage. By going through the process of establishing a prenuptial agreement, two soon-to-be spouses might genuinely feel confident and committed to each other. Because financial arguments are a common sticking point in many marriages, being upfront and clear about one’s finances early on enables both spouses to be realistic about their mixed finances when entering a marriage. Leaving economic conversations until after the wedding date, however, could lead to some unwanted surprises

Myth #5: Prenuptial agreements are not enforceable.

Although there are cases where a prenuptial agreement is not upheld by a judge, this most often happens when the prenuptial agreement was not prepared correctly.  The laws and regulations are complicated and must be adhered to strictly, often requiring consultation with an experienced family law attorney to achieve the greatest opportunity of a valid and enforceable prenuptial agreement.

Seek Legal Assistance

A skilled family law attorney can assist anyone with issues or concerns about prenuptial agreements and can help draft an agreement that will eventually have the greatest opportunity of being held in court. Sutton Law Group is here to assist you. Please contact us at (305) 667-4481.

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Sutton Law Group

Sutton Law Group is a full-service, multidisciplinary law office serving clients in and around Miami, Florida. Established in 1985, we are trusted legal advisors and advocates in complex and even life-changing legal actions.

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