What Cannot Be Included in a Prenuptial Agreement?
Prenuptial agreements in Florida are becoming more popular among engaged couples, and they are no longer viewed as the romance killers they once were. These agreements largely focus on the financial aspects of divorce, such as alimony and property division. That being said, there are certain provisions that cannot be included in a prenuptial agreement. When they are, a judge will likely strike them down or void the agreement in its entirety. Below, our Florida prenuptial agreement attorney outlines terms you cannot include in these contracts.
Child Custody and Support Provisions
Provisions outlining time-sharing agreements, known as child custody in other states, cannot be included in a prenuptial agreement. Time-sharing decisions can only be made based on what is in the best interests of the child, and not the parents. As a result, a family law judge will review the specific facts of a divorce case to make the best decision for the child.
Additionally, child support is not the right of the parent receiving it but instead the right of the child. Prenuptial agreements can only address issues affecting the rights of the parents, so child support cannot be included.
Significantly Unfair Alimony Provisions
Alimony provisions can be included in a prenuptial agreement so long as they are fair. These contracts cannot include provisions that require one spouse to waive or drastically reduce alimony in a manner that would require them to use public assistance such as the Food Assistance Program, Temporary Assistance for Needy Families, or Medicaid.
Terms Promoting Divorce
A prenuptial agreement aims to safeguard both parties’ interests in the event of a divorce, rather than to grant either side a reward for ending the marriage. Therefore, if it contains a clause that offers a substantial financial benefit only upon divorce, a judge will probably invalidate it.
Addressing Personal Lifestyle Choices Clauses
Again, prenuptial agreements are primarily intended to address legal and financial matters. Due to this, prenuptial agreements cannot contain any provisions demanding daily personal conduct. This may include provisions such as weight requirements, division of household chores, where holidays are spent, or frequency of intimacy.
Unlawful Acts
Like all other types of contracts in Florida, the terms of a prenuptial agreement cannot be illegal. For example, if a prenup required one spouse to sell drugs or engage in fraudulent business activities to earn an income for the household, these provisions would be struck down. In these instances, the entire contract would also likely be deemed void.
Our Prenuptial Agreement Attorney in Florida Can Help With Your Contract
If you are about to get married, a prenup is one of the best ways to ensure that your future interests are protected regardless of what happens in the relationship. At Florida Law Advisers, P.A., our Florida prenuptial agreement attorney can advise on what you can and cannot include in these agreements and ensure yours is executed properly so it is enforced by the courts. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
