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Orlando Criminal Attorney > Blog > Family > Debunking Common Myths Surrounding Premarital Agreements

Debunking Common Myths Surrounding Premarital Agreements


Today, more people are drafting a premarital agreement before getting married. While premarital agreements have many benefits for couples, there are still many myths surrounding them. If you are thinking about getting a premarital agreement, it is important to know what these myths are, and the truth behind them. Only then will you have a contract that will offer the protection you need.

Only Wealthy People Need Premarital Agreements

Historically, premarital agreements were mostly used by people that had a great amount of wealth and assets to protect. Today this has changed. People are waiting longer to get married and many are waiting until they are well established in their careers. While these individuals may not have amassed a huge amount of wealth, they still want to protect the assets they have accumulated. This is one reason premarital agreements have become so popular among millennials.

Premarital Agreements are Romance Killers

It is natural to think that talking about divorce before you have even gotten married is a romance killer. In fact, the opposite is true. When drafting a premarital agreement, you must talk to your soon-to-be spouse about assets, debts, and everything related to your finances. While this is not the most romantic of conversations, it can help a couple learn more about each other and feel closer to each other.

A Couple Can Include Anything in a Premarital Agreement

Couples can include many things in their premarital agreement. Typically,  the agreement will dictate how property is to be divided in the event of a divorce, and will outline what property will be considered separate in the event of divorce. If one party feels as though they will need alimony after a divorce, or if the parties agree to waive alimony after the divorce, that can also be included in a premarital agreement.

However, there are some terms that should never be written into the contract. Child custody and child support, for example, cannot be included in a premarital agreement. A couple can agree to these terms during a divorce, but a judge must still approve that agreement or will make the final decision.

Premarital Agreements are Always Enforceable

Too many couples think that once a premarital agreement is drafted and signed, it is written in stone and judges must enforce them. This is not always true. There are many reasons a premarital agreement may be deemed unenforceable by the courts. For example, if one party was coerced into signing a premarital agreement moments before their wedding, a judge will not enforce it. It is for this reason couples should always work with a Florida family lawyer when drafting a contract that will protect all parties and that will be enforced by the court.

You Do Not Need a Florida Family Lawyer when Drafting an Agreement

Again, simply having a premarital agreement drafted is not always enough because they are not always deemed enforceable. When working with our Orlando family lawyers at O’Mara Law Group, we can help you draft a premarital agreement that will provide the protection you need and that a court will deem enforceable, if necessary. Call us today at (407) 634-6604 or fill out our online form to schedule a consultation with one of our skilled attorneys.


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