Family Law

Should You Get a Prenup in 2025? What to Know Before Marriage

July 25, 2025

About 15% of engaged or married couples have signed a prenup. While asking for one can be a daunting and emotionally-charged task, it’s better to do so now and be safe rather than sorry.

Here, we’ll discuss some benefits of getting a prenup in 2025. Read on for some marriage advice from legal experts to ensure that you feel confident and secure before walking down the aisle.

Prenup Benefits for a Future-Proof Marriage

A prenuptial agreement, commonly called a prenup, is a document that a couple creates before they get married. The prenup outlines:

  • What individual assets each partner owns
  • What unique debts each partner holds
  • How assets will be divided if the couple divorces
  • How the couple will handle inherited assets post-divorce
  • Whether either spouse receives alimony in the event of a divorce
  • How much this alimony will be

The only thing that couples cannot include in a prenup are child custody arrangements. This is because the court needs to act in the best interests of the child. What constitutes these ‘best interests’ would depend on the circumstances of the divorce.

Many people don’t want to get a prenup. It’s awkward to ask for one, and there’s a lot of taboo surrounding discussions about what will happen in the event of a divorce. But prenups are an essential part of asset planning and they benefit both spouses.

Getting a prenup in 2025 is primarily advantageous because it protects both spouses’ assets. Prenups cover what happens with:

  • Pre-marital assets that each spouse does not want to lose in the future
  • Future earnings, mostly financial earnings
  • Joint purchases made in the future (like a home or vehicle)
  • Any property that either spouse may inherit during the marriage
  • Beloved pets that spouses want to safeguard

A Stronger Relationship

Contrary to what many people think, getting a prenup can actually strengthen the relationship between the partners creating it.

This is because a prenup requires:

  • Transparent discussions
  • Open communication
  • Financial decision-making skills
  • Conflict management skills

It also helps couples agree on their expectations for the marriage, which makes them more likely to have a stronger and long-lasting relationship.

Plus, legal marriage preparation offers peace of mind to both spouses. Everyone will know that their financial assets are secure at all times during the marriage. This protection makes people feel secure, and the lack of anxiety makes the marriage flourish.

Easier Divorce Proceedings

No one likes to think of the possibility of their marriage ending, but it does unexpectedly happen sometimes. When it does, it’s an emotional and painful time for both spouses.

Prenups make divorce proceedings simpler and easier when necessary. Following the terms in the prenup streamlines the distribution of assets.

It nips arguments about financial responsibilities in the bud as well to ensure a less-contentious divorce.

Ultimately, this can:

  • Lower stress
  • Decrease legal fees
  • Reduce complicated proceedings that lead to lengthy negotiations

Creating and Signing a Prenup in 2025: What to Know

Drafting a prenup requires the help of an experienced lawyer. Florida lawyers will understand the ins and outs of prenuptial laws in the state. They can guide you through what to include.

Note that both partners should have their own lawyers to help them through the process of drafting a prenup. This ensures that both spouses have their interests represented appropriately. The agreement will be fairer.

Plus, using the same lawyer as your spouse can invalidate the prenup. It’s legally important that you have different attorneys, not just ethically beneficial.

Once each partner has a lawyer, they can work with quality attorneys to list out their terms. The most common are:

  • Property rights
  • Elective share
  • Alimony

Everything needs to be put into writing. Verbal agreements aren’t legally binding. If you agree on something with your partner verbally, make sure to jot it down and put it in the official document later.

Prenups are almost always enforceable unless they were not signed willingly or outline extremely unfair terms. Because of this, it’s important that both spouses keep multiple copies of the prenup in secure places after finalizing it.

How an Attorney Can Help

While drafting the prenup, an attorney can help you in several different ways. They can help you remember all assets and debts that you need to disclose. Failing to disclose some of these assets or liabilities can invalidate the entire agreement.

Since seasoned attorneys have helped many couples draft prenups, they’ll be able to remember everything off the top of their head. This decreases the likelihood that you’ll forget anything when making your disclosure.

Attorneys can also help you draft documents in a legally-binding way. This means:

  • Complying with Florida laws regarding what can and can’t be included in the document
  • Clarifying what assets are separate vs marital property
  • Eliminating ambiguous language
  • Negotiating the prenup terms with your spouse’s attorney
  • Acting as a mediator if there’s a disagreement

Quality lawyers can provide financial advice and information to their clients. They’ll:

  • Answer all your questions about your specific prenup
  • Help you understand your assets and liabilities
  • Assist with making more informed decisions about the agreement’s terms

Finally, once the document is complete, the lawyer can review the agreement. They’ll make sure that it’s comprehensive and meets all your needs. They’ll compare the goals of you and your partner as a couple with the terms outlined in the agreement and make sure that it’s ready to go.

Then, once that’s done, your attorney will finalize the prenup. This means reviewing it one last time to cross your t’s and dot your i’s. Then, both parties will sign and notarize the prenup to conclude the creation of the document.

Invest in Financial Planning for Couples

Now that you know why you should get a prenup in 2025, it’s time to ensure that all your documents are in order before getting married. An experienced attorney at Boyer Law Firm can assist with legal marriage preparation and financial planning for couples.

Our team is committed to giving you the information needed for a confident, fool-proof marriage. Contact us to schedule a consultation and discuss the ins and outs of asset planning today.