Among other things, prenuptial agreements are essentially legal documents that specify which property and assets belong to either party prior to a marriage. Prenuptial agreements can also provide an outline for how those assets and properties should be distributed in the event that the marriage ends, or in case of a spouse’s death or incapacity.
In a previous article on our internet blog, we discussed a statement issued by the popular rapper French Montana regarding a potential marriage to another celebrity, Khloe Kardashian. French Montana stated that he would not be signing a prenuptial agreement in the event that the pair decided to get married. French Montana erroneously believes that a prenuptial agreement might somehow cause similar adverse outcomes to those he experienced in his previous divorce. That legal battle over his previous marriage reportedly took two years to complete and cost the rapper an estimated $2 million in legal expenses.
The truth of the matter is that a prenuptial agreement can actually work to prevent many instances of expensive and time-consuming litigation. That’s because a valid and enforceable prenuptial agreement will allow divorcing spouses to leave their marriages with much of the wealth they possessed prior to tying the knot. In fact, getting married without first establishing a prenuptial agreement could leave you vulnerable to Florida’s so-called “equitable distribution” statute.
This means that any wealth that you brought into your marriage and co-mingled with your partner could potentially be considered as part of the total marital estate. Your soon-to-be ex-spouse might even be entitled to some of that wealth you earned prior to your wedding.
Having a discussion with your partner about prenuptial agreements can sometimes be awkward. However, these discussions can also be about providing a game plan for your children in the event of your death or incapacity. That’s why it’s important to meet with a Florida family law attorney prior to your marriage so that you can work out a plan with your spouse to safeguard your future and look out for your children.
From our offices in Miami, our law firm provides experienced legal counseling for couples seeking carefully worded prenuptial documents. Prospective clients should also know that there is no fee for an initial consultation with one of our attorneys. Se Hablamos Español.