I have recently been asked a lot about premarital agreements. I personally have mixed feelings about them. My optimistic side, that wants to believe in the happy ending, sees them as setting your marriage up for failure. But then my lawyer side kicks that version of myself right back to reality.
Depending on how you look at the statistics, approximately half of all marriages will end in divorce. No matter what your hopes and dreams are, you cannot control the marriage or your partner. It is important to protect yourself and your rights. I can't help but think of the song by Kanye West, "Gold Digger" as I type. The lyrics say, "If you ain't no punk holla we want prenup, we want prenup!" This song happens to be about women, but it is equally applicable to men as well.
As a general rule, premarital agreements are enforceable in Florida. A well drafted agreement can protect your assets, reduce the potential for litigation, and clearly define your obligations.
Unfortunately, some people find themselves in a situation where they have signed an extremely unconscionable premarital agreement based on the empty promise of forever. In addition, the spouse did not provide full disclosure of their finances prior to signing the agreement, and the premarital agreement left the other spouse with nothing. This situation is one where the premarital agreement can be challenged.
If you have questions about premarital agreements, would like to draft a premarital agreement, or need to challenge an unfair premarital agreement, contact Heather Bryan Law online or call us at 863-825-5309 for a consultation.