PROTECTING ASSETS WITH A PRENUPTIAL AGREEMENT
We have all heard about Prenuptial Agreements, but
did you know that a Prenuptial Agreement could
protect you, your future spouse and your heirs? It is
not uncommon for people to be dubious about entering into a
Prenuptial Agreement because marriage is about love, right?
Of course it is; but you are entering into a union that affects
your property rights; rights to cash, income, and property,
both real and personal. Nobody enters into a marriage to get
a divorce, but there are steps you can take that can ensure
a smooth transition into married life and protection from a
potential dissolution of that marriage. We all have insurance,
right? Insurance for our lives, our health, our property; and a
Prenuptial Agreement is essentially insurance for the event
of a dissolution of marriage.
IMPORTANT THINGS TO KEEP IN MIND WHEN
HAVING A PRENUPTIAL AGREEMENT:
• You must exchange a full accounting of your financial status.
Case law in Florida states that this is required for a Prenuptial
Agreement to be enforceable. Current assets, liabilities and
incomes should be exchanged.
• You cannot execute a Prenuptial Agreement on the eve of
your wedding. Florida case law gives time limits for when a
Prenuptial Agreement can be executed by the parties. This
is to ensure one party is not being “held hostage” for their
signature just to go through with that expensive, planned
• You cannot misrepresent, deceive, overreach or coerce
another person into entering into a Prenuptial Agreement.
Florida law states that any of these grounds could set aside
a Prenuptial Agreement.
• Drafting of the Prenuptial Agreement is IMPORTANT! It is
imperative that you find a legal professional who is skilled at
drafting these types of agreements. You should be planning
not only for what you and your future spouse currently have,
but what will happen with any property moving forward. For
example, if you acquire a house together after marriage, what
will happen to that house upon dissolution of marriage? Will
it be sold and the proceeds split evenly, if you have children,
will one spouse remain in that house until their emancipation?
These are all very important issues that should be addressed
in a Prenuptial Agreement.
68: SPACE COAST LIVING | SPACECOASTLIVING.COM
MELISSA E. PEAT, ESQ.
1819 Riverview Drive, Suite 101, Melbourne, FL 32901 | Facsimile: 321-421-7549
STEVEN R. HICKS
Coastal Legal Team has experience in drafting
Prenuptial Agreements. Call us at 321-775-3694
to schedule your free consultation!