Preparing You For The Future With Prenuptial Agreements
Last updated on February 20, 2025
Whether you call it a prenuptial agreement, prenup or premarital agreement, these documents are simply contracts between two unmarried people that decide the terms of a Florida or Georgia divorce before the couple marries. At the Law Office of A. James Mullaney, I have over 24 years of experience preparing these documents for my clients.
Why Should I Consider A Prenup?
There are many reasons why you should consider a prenuptial agreement. Among the main reasons are:
- Protecting assets: If one of you enters the marriage with significant assets, a prenup helps keep those things separate. This is important because things you own individually can become shared property during a marriage.
- Safeguarding inheritances: A prenup can ensure that a child from a previous relationship will receive their intended inheritance, preventing potential disputes in the future.
- Minimizing conflict and uncertainty: Divorce can get messy. Prenuptial agreements help take the financial guesswork and some of the stress out of the equation. You’ll already have a plan in place for how assets are divided.
Having these important conversations and legal protections before marriage can provide peace of mind and a strong foundation for your future together.
How Can I Ensure My Prenup Will Stand Up In Court?
Most clients want to know if prenuptial agreements will stand up in court. Generally, the answer is yes – as long as the agreement was prepared correctly. A prenuptial agreement could be invalidated in the following situations:
- Failure to make a full financial disclosure
- Existence of fraud, duress or coercion
- Failure to make adequate provisions for the spouse with fewer assets
The case law that has developed around these situations is extensive. You should consult with an experienced marital law and divorce attorney in Jacksonville to learn more about these agreements.
How Do I Ask My Fiancé For A Prenup?
Discussing a prenuptial agreement with your fiancé can be a touchy topic, but approaching it with care and understanding can lead to a productive conversation. Here are some tips to help:
- Address misconceptions: Prenups aren’t about expecting your marriage to fail. It’s about being practical and protecting each other’s interests.
- Be transparent: A prenup requires complete honesty about you and your partner’s financial situation. This helps build trust and peace of mind.
- Find clarity: With a prenup, couples can establish clear guidelines and expectations for various scenarios, ensuring both of you are on the same page for the future.
- Focus on fairness: The main goal of a prenup is to create something fair and balanced that protects both of you equally.
By approaching the conversation openly and focusing on mutual benefit, you can turn a potentially tough talk into a successful one.
What Can I Include In A Prenup?
Every prenup is unique, but here are a few key elements to consider:
- Property division: Spell out how you’ll divide things you own if you divorce, including anything you acquire during the marriage.
- Alimony or spousal support: Decide if one of you would provide financial support to the other after a divorce, and if so, how much and for how long.
- Inheritance: Establish what happens to any inheritance one of you receives during the marriage.
- Business ownership: If one or both of you own a business, the prenup should address how you will handle it in divorce.
These are just the basics. Talking to an experienced attorney is essential to ensuring your prenup reflects your distinct needs and situation.
Start Your Prenup Today With A Jacksonville Prenuptial Agreement Lawyer
Protect your future with my help at the Law Office of A. James Mullaney. I make customized documents that suit your needs. Please call 904-364-4565 or send me an email for your initial consultation.