Switch to ADA Accessible Theme
Close Menu

Prenuptial Agreement Dos And Don’ts


You do not have to be wealthy, cynical, or old to sign a prenuptial agreement.  Many recently signed prenups are between couples who are none of those things.  The college graduating classes of the past two decades are stuck with a mountain of student debt, and some of them are signing prenups as a way of formalizing their strategy for tackling debt during their marriage.  Some Jewish couples are even signing so-called Halachic prenups, where the husband promises not to withhold a Get (a document that dissolves the religious marriage) in the event that the couple gets a civil divorce.  To make sure that your prenup is enforceable, have a West Palm Beach prenuptial agreement lawyer review it or help you draft it.

Do Be Transparent

The best thing about prenups is that they enable engaged couples to be completely honest about their assets and debts.  If the court finds out that you knowingly omitted any of your property or debts from your prenup, it will refuse the enforce the agreement.  When people say that prenups prevent divorce, they mean that it is because the spouses are not keeping any secrets from each other about marriage.

Don’t Focus Exclusively on Divorce

Many prenups focus on which assets and debts are marital and which are separate, so the divorce court can use the prenup as a guide for dividing the couple’s property.  The prenup can also prevent conflict if you do not divorce.  Specifically, you can include provisions in your prenup about what your spouse can and cannot inherit from you.  In order to prevent disputes during probate, make sure that none of the provisions of your prenup conflict with any statements in your will.

Do Make Decisions About Pets

If you think things get ugly when couples fight about money during a divorce, you should see how ugly they get when couples fight about pets.  From a legal standpoint, pets are property, and if you and your spouse cannot agree on which one of you gets to keep Fluffy after you divorce, the court will decide for you.  Prenups are becoming increasingly popular among couples.

Don’t Make Decisions About Children

You should discuss your plans for future children with your spouse before you get married, and there is no one-size-fits-all answer.  Perhaps you and your spouse are willing to pursue IVF but not to use donated sperm or oocytes.  Perhaps you agree that the children will attend a Catholic church with Mom, but that Dad will not attend except for the children’s baptisms and other major events.  You can even state your wishes in writing, but the court will not enforce it.  Parenting plans and child support are separate from divorce, from a legal standpoint, since the court must determine the children’s best interests.

Contact a West Palm Beach Prenuptial Agreement Lawyer Today

A prenuptial agreement lawyer can help you and your spouse draft a legally valid prenuptial agreement that can help prevent disputes even if you stay together for life.  Contact William Wallshein P.A. in West Palm Beach Florida to discuss your case.

Facebook Twitter LinkedIn