While some people think prenuptial agreements signify a dysfunctional or failed relationship, that’s not the case. In fact, a prenuptial agreement is a prudent measure in many circumstances and can save couples significant time, money, and energy in the event of a divorce. However, prenuptial agreements have strict requirements in Florida, and you must be sure that any agreement you sign is fair to you and your spouse. Working with a Tampa prenuptial agreement attorney can help protect your rights and ensure the document is correctly drafted.
If you are getting married and have questions about Florida prenuptial agreements, the team at Florida Law Advisers, P.A., can help. A Tampa prenuptial agreement lawyer understands the sensitive issues in these cases and can help you draft an agreement that meets your needs. We have in-depth experience handling Florida family law issues and will make this process easy for you. Call us today or visit our contact page for a free case review.
When Should You Consider a Prenuptial Agreement?
If you are considering a prenuptial agreement, discussing it with your future spouse as soon as possible is best. If you wait too long to sign the agreement, your spouse might feel pressured to accept even if they disagree with it, which would invalidate the document. Some specific circumstances when couples should consider a prenuptial agreement include the following:
- One future spouse has significantly more assets than the other
- One or both spouses has an ownership stake in a business
- One or both spouses has large debts they will bring to the marriage
- One or both spouses has children from a prior marriage
What Can a Prenuptial Agreement Cover in Florida?
A prenuptial agreement generally covers the financial aspects of a marriage, including how a couple will divide their shared property in the event of a divorce, what happens to each spouse’s assets upon their death, and so on. Some specific elements a Florida prenup can cover include the following:
- The rights and obligations of each party regarding any property that is acquired by one or both of the parties
- The right to buy, sell, use, transfer, or otherwise manage and control property
- How a couple will divide shared assets in the event of separation, divorce, or death
- The establishment, modification, waiver, or elimination of spousal support
- The making of a will, trust, or another arrangement to carry out the provisions of the prenuptial agreement
- How the parties will divide retirement accounts, pensions, and similar assets in the event of a divorce
- What happens to the proceeds from either spouse’s life insurance policy
- Which state’s laws apply to the agreement, if necessary
- Each spouse’s rights and obligations
It is important to note that a prenup cannot adversely affect any child custody or child support arrangements, as the court must approve all child custody and support orders. A prenuptial agreement lawyer in Tampa can review these matters in detail based on your situation.