Blog

Why You Should Get a Prenuptial Agreement Before You Get Married

Posted by LEISA WINTZ | Mar 12, 2026 | 0 Comments

Why You Should Get a Prenuptial Agreement Before You Get Married

Every year around wedding season, I see the same thing: people spend months planning flowers, guest lists, seating charts, music, food, and travel, but they spend almost no time thinking about the legal contract they are about to enter.

That part is wild.

Because marriage is not just emotional. It is not just religious. It is not just social. Marriage is also a legal and financial contract. And once you sign up for it, the law brings a whole set of default rules with it.

That is where prenuptial agreements come in.

A prenuptial agreement, often called a prenup, is one of the most useful tools a couple can use before marriage. And despite what people think, it is not only for wealthy couples, business owners, or people trying to hoard assets. A prenup can benefit almost anyone entering a marriage.

Prenups Are Not Just About Protecting Wealth

One of the biggest misconceptions about prenups is that they only matter if someone is coming into the marriage with a lot of money. That is simply not true.

Yes, prenups can protect premarital assets, family businesses, inheritances, and investment accounts. But they also do something much bigger than that. They create clarity.

Even couples with modest assets can benefit from deciding in advance how finances will be handled, what happens to certain property, and what expectations exist if the marriage ends. Waiting until a divorce to figure all of that out is usually more expensive, more emotional, and far messier.

A Prenup Forces Important Conversations

One of the best things a prenup does is bring both people to the table to talk about finances, expectations, and the structure of the marriage.

That conversation alone has value.

Many couples get married without ever truly discussing how money will be handled, whether accounts will be shared, how debt will be managed, whether one person may step back from work to raise children, or how financial sacrifices during the marriage should be viewed later.

A prenup forces those conversations before the marriage starts. That is not unromantic. That is responsible.

If the two of you cannot talk openly about money, obligations, and long-term plans before marriage, that is not a prenup problem. That is a reality problem.

Marriage Already Comes With Terms — The State Writes Them if You Don't

Here is the part many people miss: if you do not create your own agreement, the law already has one waiting for you.

When people get divorced, courts apply state law to determine how assets and debts are classified, how they may be divided, and whether support may be involved. Those are the default terms of the contract you entered when you got married.

A prenup gives you the opportunity to decide whether those default terms make sense for your relationship. If they do not, you may be able to create different terms that better fit your values, finances, and goals.

That is a smarter way to enter a legal contract. Blindly accepting the state's rules without even knowing what they are is how people end up shocked later.

Clarity Matters During Hard Seasons

In a long-term marriage, there are often difficult seasons. Anyone who has been married a long time knows that. Sometimes people stay. Sometimes they work through it. Sometimes they separate. Life gets messy.

Knowing what the financial outcome of a divorce would look like can matter more than people expect. Clarity gives people information. And information helps people make decisions from a place of reality instead of fear and confusion.

That does not mean a prenup causes divorce. That is a silly argument. A fire extinguisher does not cause fires either. It is there in case life goes sideways.

A Good Prenup Can Save Time, Money, and Heartache

If a divorce does happen, one of the biggest sources of conflict is finances. People fight over what is marital, what is nonmarital, who gets what, whether support applies, and what the future should look like.

A well-drafted prenup can narrow or resolve many of those issues before the fight even starts.

That can mean less litigation, less uncertainty, lower attorney's fees, less emotional exhaustion, and faster resolution. That is not a small benefit. That is huge.

Of course, this only works if the agreement is drafted properly. A sloppy prenup is a courtroom headache waiting to happen. That is why it is important to have a lawyer prepare it correctly and well in advance of the wedding.

The Bottom Line on Prenuptial Agreements

A prenup is not a sign that you do not believe in your marriage. It is a sign that you are taking marriage seriously enough to understand that it is both emotional and legal.

It helps couples have hard conversations early. It creates clarity. It allows you to make intentional decisions instead of defaulting to state rules. And if divorce ever happens, it can save you an enormous amount of time, money, and pain.

So yes, my advice is simple: get the prenuptial agreement before you get married, and get a lawyer to do it right.

If you are considering a prenuptial agreement in Florida, Family Matters Law Group, P.A. can help you understand your options and draft an agreement tailored to your relationship and goals.

To get started, schedule a consultation  or contact our office to discuss prenups, marriage planning, and other Florida family law matters.

A prenup is not just about protecting money. It is about creating clarity, having honest conversations, and deciding for yourselves what the terms of your marriage should be instead of leaving it all up to the state.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

DIY LEGAL

Real Lawyers. Real Tools. Real Support. Our DIY Legal Coaching & Education gives you access to real lawyers, step-by-step guidance, and ready-to-use tools so you can handle your family law case with confidence. Whether you're filing, responding, or preparing for court, we’ll show you exactly what to do—without the full-service price tag.

GET STARTED NOW

All DIY Coaching and Full Representation starts with a consultation. Let’s figure out what you need and how we can help. Book your consultation today and get started now.

Menu