Pre-Nuptial and Post Nuptial Agreements in Jacksonville Florida

Jacksonville FL Divorce Lawyer – Family Law Attorney

When couples are getting married in the state of Florida, and it is the first marriage for both of the people involved, they may not be bringing a lot of assets into the marriage. That combined with the fact that they are in love and about to enter into the ultimate commitment to one another may make the idea of a pre-nuptial agreement seem out of context. Why prepare for separation simultaneous to celebrating union? It is easy to see the romantic side of this, but on the other hand, most couples who are getting married have had other relationships previously. Was there a time when they felt as though one of those previous relationships would last forever? The answer is likely to be yes. Since there is no such thing as legal separation in the state of Florida, having an agreement in place that spells out terms in the event of a separation and possible divorce can really come in handy if you need it. And if you don’t, no harm was done. A pre-nuptial agreement is a “just-in-case” measure, nothing more, and nothing less.

Pre-nuptial and post nuptial agreements make even more sense for people who are taking their vows after having been married previously. When one or both individuals are entering the marriage with considerable assets and have children by a previous marriage or marriages, a pre-nuptial agreement can protect their interests going forward. It is important to realize that such an agreement can be dissolved altogether or revised via a post nuptial agreement at any time in the future with both parties’ consent. The terms of a pre-nuptial agreement entered into on day one of a new marriage may no longer be appropriate after the couple has been married for five, ten, or twenty years.

Post nuptial agreements are steadily gaining in popularity, and yes, they can elucidate terms in the event of a breakup. But they can also simply define individual property when couples who have no interest in separating are having financial disagreements. For example, if the husband is one to incur debt to grow his business, and the wife is more concerned with long term stability, some property that the couple share can be designated as belonging to the wife alone, making it off-limits for use as collateral on a business loan. In this manner a post nuptial agreement can keep the peace and provide a simple solution to an ongoing source of strain on the relationship, and in many cases save a marriage that might otherwise be in jeopardy.

If you are interested in how pre-nuptial and post nuptial agreements can benefit you and your spouse, contact an experienced Jacksonville FL family lawyer for more information.