What You Can, and Cannot, Include in a Prenuptial Agreement
Prenuptial agreements, also known as prenups and premarital agreements, are becoming more popular in Florida today. Many people believe they can include any provisions they want in these legal documents, but that is not the case. Below, our Tampa prenuptial agreement attorney outlines what you can and cannot include in these contracts.
What Can You Include in Your Prenuptial Agreement?
The main purpose of a prenuptial agreement is to address financial issues that may arise during the marriage, and in the event of divorce. As such, the most common provisions included in prenuptial agreements are as follows:
- Distinguish between marital and separate property: Marital property refers to assets and liabilities acquired during the marriage by the couple. Even if just one spouse acquires property during the marriage, it is usually still classified as marital property. Separate property, on the other hand, refers to assets and liabilities acquired prior to the marriage by one of the spouses.
- Protection against a spouse’s debt: With a prenup, you can protect your savings and your property from being seized in the event that creditors come after you if your spouse had outstanding debt. Again, you can only protect yourself from debt your spouse acquired before the marriage, such as a student loan. Debt acquired during the marriage is classified as marital property.
- Outline each spouse’s responsibilities: A prenup can also outline the financial roles, responsibilities, and obligations of each spouse.
- Waiving spousal support: Unlike in many other states, couples in Florida can use a prenup to waive or limit their right to spousal support. Temporaty allymoney can not be waived.
What Can You Not Include in Your Prenuptial Agreement?
Contrary to what many people think, you cannot include anything you want in your prenuptial agreement. There are certain things you cannot include and they are as follows:
- Violations of the law or public policy: Prenups cannot include illegal acts or provisions that violate public policy. For example, if a prenup prohibited one spouse from working, a judge will likely not enforce it. While not necessarily illegal, this provision violates public policy because it is not considered fair.
- Temporary alimony
- Child support or child custody: Child custody and child support are issues that focus on the best interests and rights of the child, not the parents. As such, these provisions cannot be included in a prenup.
- Non-financial provisions: Again, prenups are intended to resolve financial issues so other provisions will not likely be enforced. For example, if a prenup outlines specific household chores each spouse will be responsible for, a judge will likely not enforce these provisions.
Our Prenuptial Agreement Attorney in Tampa Can Draft Your Agreement
While prenups are becoming more popular today, they are only effective if they are drafted properly. At Florida Law Advisers, P.A., our Tampa prenuptial agreement attorney can ensure that your contract is enforceable and protects you in the event that you ever require it. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation with our experienced attorney 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
