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Preparing for divorce with prenups: is it overkill?

Whether or not to create a prenuptial agreement may be among one of the many decisions you and your soon-to-be-spouse may be wrestling with as you prepare for your big day. In the minds of some couples, a prenuptial agreement is unnecessary unless you are rich and famous. Still other couples in Florida do not believe contemplating the possibility of divorce before they are even married is such a great idea.

The reality is that divorce is sometimes inevitable, as sometimes couples grow apart or end up having irreconcilable differences. In these cases, prenups can come in quite handy. These legal agreements offer a wide range of benefits.

Why a prenup?

Among the many benefits of this type of legal agreement is that it allows you and your spouse to both document your separate property so that it remains protected as separate property. While marital property -- or property acquired during the course of the marriage -- must be split in an equitable fashion in the state of Florida, separate property does not have to undergo division.

Just as you can address assets in the agreement, so too can you address any liabilities. This makes it possible for you to avoid assuming your spouse's credit card, mortgage or student loan debt in the event you get divorced.

A prenup is also handy for supporting your existing estate plan and helping to avoid court intrusion when it is time for your property to be distributed.

What else can a prenup do for me?

These documents can furthermore allow you to detail any special arrangements that you and your spouse have. For instance, you may wish to address matters such as who will handle the housework in the document. With a prenup, you can easily establish rules and procedures for problems that might arise at a later date as well.

If you do end up getting divorced, having a prenup available can help to reduce any conflicts between you and your spouse during divorce. As a result, you will not need to take part in extended court proceedings, thus further saving time and money in addition to avoiding unnecessary stress.

An attorney's help

Every couple is unique, so there is no one-size-fits-all approach to creating prenups. As a result, it is important that you create this legal document based on your particular circumstances. An attorney in Florida can help you to put together an agreement that addresses a wide range of matters, ranging from asset division to spousal support, and adequately protects your financial best interests for years to come.

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