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Can Pre- And Post-Marital Agreements Benefit A Marriage?

Last updated on October 12, 2023

My clients often hesitate to breach the subject of pre- or postnuptial agreements, but when two people are about to embark on a lifetime journey together, it’s perfectly normal and incredibly important to iron out the details. While the topic of a “prenup” raises doubts or is generally perceived as a lack of trust, what many of my clients don’t realize is how false some of the notions attached to this term are.

Like a simple will or trust fund, pre- and post-marital agreements are safeguards for the physical and financial assets that you both bring into a marriage, but can also apply to other areas of your union, such as the terms of child custody and child support in the case of a divorce, or spousal support should one of you decides to forgo your career to stay home with the kids.

Contact me at 850-462-3189 to learn more about how a pre- or postnuptial agreement could benefit you and your significant other today.

Pre- Vs. Postnuptial Agreements. Which Is Best?

Premarital agreements, like the term suggests, takes place before marriage has occurred and your assets are not yet combined. While post-marital agreements can be signed at any date and time after your union has taken place. Note that at this point many of the assets you have obtained during your marriage are now considered joint or “marital” property.

A “prenup” may be a great way to protect what equity you owned prior to marriage, set the foundation for what to do with your joint assets in the event of a divorce or determine guidelines for confidentiality and social media in today’s day and age.

A “post-nup” can be a way to ensure you and your family are protected after major life changes such as the birth of a child or what happens when one partner needs to make a tough career choice for the good of your family. There is no right or wrong choice, only which path works better for you and your partner or spouse.

Like other contracts, these types of estate planning agreements can be modified if both parties consent.

Should I Consult An Attorney About A Pre- Or Post-Nup?

Whichever course of action you and your significant other may choose to take, it’s important to have experienced legal representation from a lawyer who understands Florida’s pre- and post-marital agreement policies.

Let me, H. Frank Winn Jr., assist you with this important matter today. Call my Pensacola office at 850-462-3189 or reach out to me through this online contact form to see how I can help.