Reasons for a prenuptial agreement in Florida


Prenuptial agreements are a great idea for couples who have children from previous marriages.


Theresa: We both have homes and savings and not so much that we are thinking about you know that the marriage won't last but I'm wanting to secure things for my children.

Attorney Tom Olsen: I get you, so Theresa-- I understand. Theresa, first of all, let me tell you that here in the state of Florida by the very fact that being married your spouse is automatically entitled to a portion of your estate. So you need to know that going into this and that's, make all the more reason for you to have a prenuptial agreement. Theresa if you want to make sure that the assets that you own go to your children, you're going to have to have a prenuptial agreement. Now, Theresa, the prenuptial agreement is going to cover two situations.

Number one is what happens if you pass away and would your husband would be waving his right to receive a portion of your estate and of course you would be doing the same for him. Then the second thing the prenuptial does is that if you guys get divorced down the road neither one of you will be obligated to pay alimony. Theresa, when people are getting married later in life and they have children from previous marriages, prenuptial agreements are absolutely a good, great idea. Whatever it does for you is going to do for your future husband as well so we highly recommend it.

A couple more things about it. Theresa, you want to get this prenuptial agreement done as much in advance of your wedding ceremony as possible. Stated another way, you do not want to sign your prenuptial agreement the day before you get married. If you know you get married months down the road then start that process now. By the way, Theresa, when you talk to an attorney about it, you can certainly call my office, I will be representing you. You will be my client. I cannot talk to your husband or future husband. I cannot answer questions for him, he will have to get his own attorney. Let me know if you want some help with that, Theresa.