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CalAttorney2, Attorney
Category: Family Law
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Experience:  Civil litigation attorney for individuals and businesses.
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Prenup Question. I have been with my fiance 7 years. He owns

Customer Question

Prenup Question.
I have been with my fiance for almost 7 years.
He owns two well known franchise restaurants that bring him a really good income.
I am a general manager of both restaurants and have been helping him for about 3 years full time.
I get paid well, get bonuses but now we are getting married soon and he mentioned
he wants a prenup that will protect whatever he has so far, and whatever we get from now on will be ours 50/50.
So he said he wants to make sure whatever the business makes from now on, it will be 50/50, but not from what he has from before.
Wouldn't this be the law without the prenup anyway??
Whatever you make before marriage its yours, and whatever u do since you got married it's 50/50?
How else can I learn about prenups?
Thank you so much!
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

That is the general provision that would apply even without a prenup. However, it is not uncommon for parties to codify (write down) what the property arrangement is prior to the marriage in order to avoid confusion or dispute later. (It is much easier to deal with matters when everyone is on the same page as opposed to potentially having to deal with the same issues when nobody is talking to one another). The idea is similar to business planning, while there is no expectation for a dissolution of the business relationship, it is worthwhile to draft out the position "just in case" well in advance as it can help avoid many of the disputes that lead to problems in the first place.

As far as places to learn about prenups, the Florida Bar Association has a good publication (the original web page link is broken, but the cached version is still good):

Google Browser Link:

(FL Stat: