prenuptial and postnuptial agreement Tampa FL

What Are Common Misconceptions About Prenups?

If you are preparing to get married, signing a prenuptial agreement (prenup) may be one of the last things that is on your mind. It may seem unromantic and appear to be something only people who are preparing for divorce should do. However, it is important to learn why a prenup agreement could be right for you and why certain misconceptions about prenups are important to learn about. Many people who thought that signing a prenup before marriage was not needed find that they wish they had one to outline what they should do in certain situations. If you are heading down the aisle, it is prudent to speak with a lawyer, like a lawyer for a prenuptial agreement in Tallahassee, FL from a law firm like The McKinney Law Group

5 Common Misconceptions About Prenup Agreements

Below, you will find some of the most common misconceptions about prenup agreements. 

  • You need to be wealthy. This is far from the truth. You and your spouse do not need to have a lot of money to sign a prenup agreement. If you or your spouse end up having more money in the future or have certain items that are valuable to you now, a prenup agreement can outline what you should do with those valuables or income.
  • Prenups only help with divorce. While it is true that a prenup can be extremely helpful to couples who are going through a divorce, the truth is that it can do much more than this. A prenup agreement can outline expectations in a marriage and it can even set forth an estate plan, something that is important to both spouses. 
  • Prenups only protect the wealthier half of the couple. A prenup agreement should be set in place to protect both spouses, not just one. It can protect both spouses in the event of a divorce so that no one is getting an unfair amount of money and it can even save a great deal of money in a divorce by already having a plan set in place. This can avoid unnecessary arguments. 
  • Prenups don’t matter in court. Many people assume that prenup agreements will not hold up in court and are rarely enforced. This is not the case and it is important to know that there are only rare circumstances in which a court will not uphold a prenup. This would usually happen if a court finds that the document was not legally signed or that one of the partners coerced the other partner into signing the prenup. Otherwise, a prenup is a legally binding document and should be used when going to family court. 
  • You don’t think your marriage will last. Signing a prenup does not mean you assume your marriage is going to fail. It gives you and your soon-to-be spouse an opportunity to outline areas in your relationship that you believe may cause problems and try to fix them or come up with solutions ahead of time. 

If you believe you and your spouse should work on a prenup agreement before marriage, reach out to a trusted law firm today.