March 11, 2022
So, you’re about to get married, but you and your partner have decided to get into a prenuptial agreement. There is a certain stigma that swirls around this topic, so you may not be all too familiar with many of its aspects.
Of course, it’s still a perfectly valid agreement to get into before tying the knot. It’s simply in the best interests of you and your partner to figure out the purpose and details of your prenup and what it really entails.
What Is a Prenup?
A prenuptial agreement is basically a legally binding contract between you and your spouse-to-be. It’s mainly a long-term arrangement that outlines how your separate assets will be handled in case of a divorce or death.
Additionally, a prenuptial agreement can ensure that your spouse will not receive any inheritance from your parents or any members from your side of the family, should that be stipulated. So, there are a lot of legal aspects and implications to consider, but it can also be a nice gesture of openness and honesty between you and your partner.
Why You May Want a Prenup
A prenuptial agreement is something that you and your partner should approach with an open mind. It’s also not something you should just jump right into lightly. So, you should take some time to consider your reasons for pursuing it.
There are a few pretty common reasons to consider this route.
One significant reason is to protect the assets you already have. It’s simply good to be aware that the split will be fair and that it will be handled in a way that could benefit both you and your partner.
The other reason is to prevent future assets from entering the marriage. These assets could be inheritances or money that your parents leave you down the line. You might not want that money to go to your spouse or bring any conflict, so it’s a good idea to set some rules and boundaries surrounding these assets.
This agreement will also define the separation of assets from each individual before entering into a marriage. This way, you can more easily distribute funds and responsibilities from earnings in the marriage, separate from the assets you each already have personally.
How Long a Prenup Lasts
There are a few different ways to approach the length of your prenup.
One is to keep the agreement in place for the full duration of your marriage. In this sense, it acts more like a legal document that outlines the goals of your marriage and how everything will be handled.
Another option is to have it expire after a certain amount of time. In this case, you can say you want it to be in effect for a few years or until a certain age or event has been reached. In the end, it’s up to you and your partner to decide how long you want the agreement to last.
Conclusion
Getting married is an exciting and big step. However, you may be wondering whether you and your partner should get a prenuptial agreement in place. Ultimately, it’s up to you and your partner to decide if you want one. If you know the criteria and stipulations that come with it, you can make a more informed decision.
If you’re looking for the top Jacksonville attorneys specializing in family law, reach out to the Dorsey Law firm. With over 35 years of experience, we can provide you with help with your prenup and more. Contact us today at (904) 394-2865 for a consultation.
