A Simplified Divorce may make Co-habitating a bit Awkward for a While, but it’s Well Worth it
Co-habitating couples often struggle with the question ‘Should I sign a prenup‘? The fear is that a Florida prenup will make their future spouse think they’re simply preparing for divorce. Let me give you some advice, talk to someone who just ended their marriage and see how favorably they react to the phrase simplified divorce.
Florida Prenup Advice for a Simplified Divorce Straight from the Headlines
Kanye didn’t pull the words “Holla, we want prenup, we want prenup” out of thin air. Take the recent recorded account of Kobe Bryant’s marriage as living proof. They became the poster children for the ‘should’ve got a prenup’ couple. I’d bet the over on whether he regrets his answer to the question, should I sign a prenup? Fans are enraged by Vanessa Bryant standing to take half of the millions earned by his years of blood, sweat and tears. Their battle cry being that the only marital work she did was finger exercises to avoid a sprain from that ridiculously fabulous diamond ring. By legal standards, half of the marital property when filing divorce is indeed what she deserves. Consequently, it doesn’t matter if she didn’t contribute to their marital asset estate fund.
Granted, VB probably deserves credit for standing by her man instead of automatically assuming divorce preparation. Especially after allegations of infidelity proved through email and (albeit subsequently dismissed) rape charges. Hey, money may not buy love but who’s to say it can’t buy dignity… BUT HALF?!
Newsflash: Things are a lot Better between a Co-habitating Couple vs. One Who’s Preparing for Divorce
And what do I say to that, you might ask? HECK YEAH, HALF! You best believe Black Mamba deserves to bid adieu to every last cent of that money because he didn’t think it necessary for Wifey to sign a prenuptial agreement. I know, I know. You can’t blame a guy for being blinded by love. Especially when she’s his high school sweetheart. But the thought probably should have crossed his mind once he was called out on his infidelity.
Even if #24 answered should I sign a prenup incorrectly, he could have entered into a post marital agreement at a later date. That’s right folks, you can actually enter into an Agreement after you’ve exchanged vows. The information included isn’t restricted to premarital assets when seeking to prepare for future financial safety. And protecting yourself doesn’t equate to preparing for divorce, it simply amounts to a lack of ignorance for the unforeseen.
Best Divorce Attorneys Advice if You’re still Wondering ‘Should I Sign a Prenup?’
The discussion of a prenuptial agreement with your intended may indeed lead to a few uncomfortable moments. But you best believe that service of divorce papers is a lot more traumatizing. When all is said and done, there’s only one thing to do if you plan on walking away with more than the set of golf clubs you got as an engagement present or Great Aunt Mabel’s china.
Divorce should be seen as the end of a business relationship. While it may not be romantic to think of it that way before the darkness has descended, it’s a small sacrifice for what could save you a whole lot of heartache.
Should I Sign a Prenup Even if I Don’t have Premarital Assets?
Bottom line? An emphatic yes. There’s no problem with hoping for the best. However, preparing for the worst is almost always a good idea. Like that disability insurance Uncle Marty convinced you to buy that you’ll probably never need. If one day you fall victim to an unforeseen shark attack, though, you’ll sure be happy you took the precaution in protecting your assets.
A Lesson on Co-habitating before answering ‘Should I Sign a Prenup?’
Cohabitation is when two people live together as husband and wife but there’s been no actual live marriage. Co-habitating living includes the mutual assumption of marital duties and obligations that occur with married couples but has no legal sanction. Co-habitating is different from common law marriage in Florida. This is due to the fact that a couple frequently lacks the intent to marry.
Florida Statute 61.079 is Important Even when Couples are simply Co-habitating
Florida Statute 61.079 is also known as the Uniform Premarital Agreement Act. It applies only to proceedings under the Florida Family Law Rules of Procedure. Under Florida Statute 61.079, a premarital agreement, or prenup, means an agreement between prospective spouses made in contemplation of marriage and becomes effective upon marriage.
The Best Way to Prepare for Simplified Divorce and Protect Premarital Assets
It’s important to know the law before a decision is made in response to the inquiry ‘should I sign a prenup‘. A premarital agreement must be in writing and signed by both parties. Consequently, it’s enforceable without consideration other than the marriage itself. Parties to a Florida premarital agreement may contract with respect to the:
- Rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located
- Right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, form a security interest in or otherwise manage and control property
- Disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event
- Establishment, modification, waiver, or elimination of spousal support
- Making of a will, trust, or other arrangement to carry out the provisions of the prenup
- Ownership rights in and disposition of the death benefit from a life insurance policy
- Choice of law governing the construction of the agreement
- Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
A Florida Prenup and Preparing for Divorce Don’t Have to be Mutually Exclusive
A written agreement signed by the parties is the only way to amend, revoke or abandon a Florida prenup. The amended agreement, revocation, or abandonment is enforceable without consideration.
A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves one of three things:
- A party did not execute the prenup voluntarily;
- The agreement was the product of fraud, duress, coercion, or overreaching; or
- The prenuptial agreement was unconscionable when it was executed and, before execution of the agreement, that party:
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party
- Didn’t voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- Didn’t have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
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West Palm Beach Divorce Attorney Practice Areas Include:
Florida Prenuptial Agreement Law
Prenup Florida Infidelity Clause
Florida Co-habitation Law
Parental Rights In Florida