by Robin Roshkind, Esquire, West Palm Beach, Florida
No one likes to think someone is marrying them for their money. Yet it happens all the time. That is why a prenuptial agreement is such an important document. Whether you are the “have” or the “have not” of the impending marriage, a prenuptial agreement accomplishes several things:
1. It deals with your divorce before you get married…one out of two first marriages and 70% of second marriages end in divorce. Enforceable prenuptial agreements make a divorce less expensive, less stressful and definitely quicker.
2. It fleshes out the gold digger…if someone is, in fact, marrying you for your money unbeknownst to you, when the prenuptial is not too generous in the early years of the marriage, it will flesh out the gold digger. They generally don’t like to wait for their “entitlements”.
3. It protects the birthright of children from a previous marriage…prenuptial agreements address death provisions, and must be accompanied by testamentary documents such as a will or trust. It provides for the children of the “have” and protects their inheritance from the new husband or wife.
4. It gives some certainty to both parties. The obligor knows what the obligation is and the obligee knows what the benefit is. No legal game playing here.
Granted that prenuptial negotiations can be unromantic and contentious. But if they cause a rift to the point where the marriage does not take place, consider yourself lucky that you dodged an emotionally and financially expensive bullet. For more information about this or other family law topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.