A wedding is a time of joy and happiness. Two people in love make vows to spend the rest of their lives together and share that time of celebration with family and friends. Unfortunately, however, many marriages, about 50 percent, in the United States, including many from West Palm Beach, Florida and the surrounding area, end in divorce. Knowing how difficult a divorce can be, more and more couples are forming prenuptial agreements, or prenups, to lay out the plans if a marriage fails and leads to a divorce.
What many people do not know is that a prenuptial agreement may also include mutually agreed upon decisions and rules to be carried out during the course of a marriage. This may include but is not limited to how to handle many financial matters of a family or household such as expenses, credit card spending, joint check or savings accounts, savings contributions, investment decisions and retirement benefits.
It can also be used to assure that each spouse’s wishes regarding their non-marital property and how inheritances and assets are allocated to children from outside the marriage. It can also include how finances are shared in the event of the death of one spouse during the marriage.
As you can see, having formed a prenuptial agreement before you are married can lead to far fewer headaches if your marriage fails and you find yourselves facing a divorce. It is important to note that there are various topics that cannot be included in prenuptial agreements, and including some of these may force the courts to void parts or the entire prenuptial agreement document. Although it can be created without the help or guidance of a legal professional, to avoid potential problems, it may be wise to have your prenup reviewed by a lawyer familiar with family law and prenuptial agreements.
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Partner at John F. Schutz, P.L.
Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.
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