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The benefits of creating a prenuptial agreement

There are many misconceptions surrounding what a prenuptial agreement actually is, as well as the types of situations and people for whom they are the right choice. Also known as a premarital agreement or, simply, a "prenup", it is a kind of agreement that sets the terms of a couple's property rights in relation to their marriage. More and more, Florida couples who are getting married choose to create a prenuptial agreement.

One of the main misconceptions about prenuptial agreements is that they are only useful for the wealthy. While many wealthy individuals draft them, this does not preclude others from getting them, as they do far more than simply protect an individual's assets. In addition, prenups can be utilized to protect one party from being held responsible for the other party's debts, to determine how one individual's property will be distributed upon his or her death and to delineate financial responsibilities and rights during a couple's marriage, as well as help to avoid the long -- and often costly -- disputes that might arise in the event a divorce occurs.

Courts analyze prenups carefully, so it pays dividends to make sure the agreement is drafted correctly. Prenups must be clear and justifiable, as well as understandable. If a judge comes to the conclusion that a couple's prenup is either unfair or perhaps does not meet the state's requirements, it could be considered void.

Some couples choose to draft and negotiate a prenuptial agreement between themselves. However, it is wise to have this prenup reviewed by an experienced attorney, who would be able to better advise the soon-to-be spouses on aspects of the agreement, such as their rights, as well as review the agreement in order to ensure that it complies with Florida state law. Many individuals choose to consult experienced family law attorneys from the beginning who will ensure that the prenups fit the couples' needs and are strong enough to stand up to challenges that sometimes, regrettably, arise.

Source: FindLaw, "Can Prenuptial Agreements Help You?", Accessed on Jan. 19, 2016

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