Couples in Florida who are considering getting married can use a prenuptial agreement to specify what each party will be required to give up or pay if a divorce takes place. People who get married without having a prenup in place will find that what happens to their assets in a divorce will be determined by the laws of the state in which they reside.
Even though there may be a stigma attached to prenups, it is important that couples discuss the subject before they get married. However, many people are reluctant to bring up the topic for fear that it will increase the likelihood that a divorce will occur. Others would rather not broach the subject because they would rather not have some embarrassing details about their finances revealed.
One reason to have a prenup is if one party has more assets than the other. Such assets may include those that individuals have accumulated or inherited while they were single. If a divorce occurs, the assets that individuals owned before they were married will typically remain in their possession. However, there are exceptions, and individuals may find that they will be forced to allocate a significant potion of their assets to their ex-spouse. People who own their own business should also consider getting a prenup. If a divorce does occur and there is no prenup in place, they may be required to give up some of their holdings.
A family law attorney may help clients draft a prenup that will protect their interests and assets if a divorce takes place. It is important for each party to have separate legal counsel when the agreement is being discussed and prepared.