Some spouses create a prenup well in advance of getting married. For others, a prenuptial agreement simply wasn't part of their wedding planning process. That doesn't mean, however, that a Florida couple doesn't have any way to achieve those protections after they say their vows. By working with a marital agreements lawyer, a postnuptial agreement can outline how assets would be handled in the event of a divorce.
If you are over the age of 50 and thinking about dissolution of marriage, you should know that “gray divorce,” as it is sometimes called, is not unusual.
Couples who are planning to include a prenuptial agreement in their wedding plans are already off to a great start. Working through the details of a prenup offers a chance to have a series of in-depth conversations about expectations and a multitude of financial matters. However, without the assistance of a skilled Florida marital agreements lawyer, it's possible to make mistakes that can invalidate the entire prenup.
For those who aren't aware of the "divorce hotel" concept, the basic idea is that a couple works together to resolve the details of their divorce over a weekend while staying in a nice hotel. They check into separate rooms, they both have access to a professional mediator, and they spend the weekend hammering out the details of their divorce. At the end of the process they walk away with an agreement and move on with their lives. If this sounds too good to be true to Florida spouses, that's because it often is.
For those spouses who had the wisdom to draft a prenuptial agreement, things are certainly off to a good start. Over time, however, some Florida spouses will fail to adhere to the terms laid out in their prenup, which can effectively void all or part of a document. While drafting a prenuptial agreement is a great place to start, actually "living" that agreement is sometimes more difficult to manage.