Why a prenuptial agreement could help in a divorce

Some people in Florida who are getting married might want a prenuptial agreement. This can be useful for individuals who are bringing assets into the marriage they want to protect or who have children from a previous marriage.

The property that people bring into a marriage is considered separate property, but this is not as straightforward as they might assume. For example, if a person brings a home into a marriage, this could be considered joint property if marital funds are used to renovate it or pay the mortgage. People should keep in mind that income earned during marriage could be considered part of this marital property. A prenup could state that the appreciation in value of an asset belongs to the original owner regardless of where the funding came from. If either person is expecting an inheritance, a prenup might be used in a similar way.

There is a misconception that prenups are only for wealthy people, but this is not necessarily true. A person may want to make sure that certain assets pass to their children instead of to a spouse. Some people use prenups in conjunction with estate planning documents. While the conversation about a prenup can be a difficult one, it can be helpful for couples to talk openly about finances.

A prenup does not always mean a couple will not have to go through the process of negotiating property division. If the prenup is prepared incorrectly, it could be dismissed. This might happen if one person did not receive sufficient legal counsel or appears to have been coerced into signing the agreement. However, even in these situations, couples might still be able to reach an agreement instead of turning to litigation. Negotiation may leave them more flexibility in how property is divided.

No Comments

Leave a comment
Comment Information
Email Attorney Brennan

Contact Me To Arrange A Consultation Call 239-207-3051 or fill out the form below to schedule a consultation regarding your family law concerns.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

map icon

Beverly L . Brennan A PARTNER AT MCLAUGHLIN & STERN, LLP - NAPLES, FLORIDA ATTORNEY & COUNSELOR AT LAW

Beverly L. Brennan, P.A.
5150 Tamiami Trail North
Suite 602
Naples, FL 34103

Toll Free: 877-482-5176
Phone: 239-963-8895
Naples Law Office Map