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Prenuptial agreements may make divorce easier

Going through the dissolution of a marriage in Florida is often a challenging ordeal both emotionally and financially. For this reason, it only makes sense to try to protect oneself from the negative impacts of a divorce proceeding. This is possible by putting together a prenuptial agreement before walking down the aisle.

A prenuptial agreement's purpose is to spell out what would happen to various assets, such as homes, money and valuables, in the event that a divorce cannot be avoided down the road. When it is well executed, a prenuptial agreement can save two spouses a lot of time and money during the divorce process. In fact, it can even reduce the couple's chances of having to go through stressful divorce litigation in the first place.

However, a prenuptial agreement cannot be used to dictate other possibly contentious divorce matters, such as child custody. In addition, it is critical that both parties willingly sign the prenuptial agreement. If a signature happens due to coercion, the agreement may not hold up in court.

For couples in Florida who do not have prenuptial agreements in place at the time of their divorce, they still have other options for resolving their divorce matters as amicably as possible. For instance, a couple can go through divorce mediation or negotiation, which will allow them to sort out their differences and work toward a divorce settlement that satisfies both sides. Unfortunately, if this does not work, they have no choice but to go to trial, where a judge will ultimately decide what happens to their assets and will make a determination regarding matters such as alimony.

Source: cnbc.com, "Here's how to bulletproof your prenuptial agreement", Scott Cohn, March 9, 2018

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