We're not rich; Do we need a prenuptial agreement?

Florida attorneys hear this question more often than ever during client consultations. Celebrity news stories usually have a thing or two to say about prenups, which piques the interest of non-celebrities and people without a great deal of wealth. These people, who are just like you and your intended, all wonder the same thing -- do they really need to sign a prenup before marriage?

The world in which we live has changed a lot even since your own parents were newlyweds. Couple considering a divorce have to factor in a lot more than mere assets or real estate. Online social media accounts and often overlooked digital assets are among the newest technologies couples have that might complicate an otherwise simple divorce.

A prenuptial agreement can help couples decide what to do about these nontraditional elements during a modern divorce. Here are a few more benefits to signing a prenuptial agreement regardless of income or wealth.

-- Reduces or even eliminates some divorce battles-- Specifies how to divide business income and future income-- Specifies how to handle any property one or both spouses owned independently before marrying-- If one or both spouses have children from a previous marriage, specific language in a prenup helps protect those children if divorce occurs-- Unlike similar agreements made after marriage (postnup agreements), a prenup holds up better in court-- Sets predetermined guidelines for fair and equitable property division

In the end, only you and your future spouse can make the decision about whether to create a prenuptial agreement. However, you should also know that you do not have to be completely alone in your decisions. Sitting down with a family law attorney for a candid discussion can assist the two of you in deciding what will work best for your unique relationship.

Source: Bankrate.com, "Why engaged couples should sign a prenup," accessed May. 28, 2015

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  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
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