A prenuptial agreement is a contract between spouses made in contemplation of, and to be effective towards, marriage. Most people assume they understand what a prenuptial agreement can and cannot do. However, the reality is that only a small number of people are aware of the nuances of a legally valid agreement.
While a prenup can’t protect every asset you own, it can protect your current property rights and obligations.
The property a prenuptial agreement can protect includes:
- funds that each spouse accumulated before the marriage;
- division of property each spouse owned before the marriage;
- property interests of any children from previous relationships;
- direction of religious or educational instruction of children from the marriage;
- spousal support instructions (in the event the marriage should dissolve);
- agreement to keep individual debts separate;
- inheritance of each spouse; and
- ownership rights of disability or life insurance.
A prenuptial agreement cannot protect the following:
- custodial arrangements of children;
- any child support decisions;
- who has the right to inhabit or sell the marital home (should the marriage dissolve); and
- any personal relationships with family (should the marriage dissolve).
A prenuptial agreement cannot contain superfluous stipulations, such as dividing chores between spouses or demanding on spouse maintain a certain physical attribute. This is considered amoral and the court may decide the entire prenuptial agreement is invalid if things of this nature are included.
A Florida prenuptial agreement must be conscionable, fair, written, and signed by both parties for it to be valid. An attorney with experience drafting prenuptial agreements can guide you and your partner toward creating an effective contract.
Contact Schuttler, Greenberg & Mullins, LLC Today
Our family law attorneys have more than 75 years of combined legal experience and can draft a compelling prenuptial agreement on your behalf. If you and your partner aren’t sure what you should add to your prenup, we can help you decide what would be best for your situation.
Call our firm today at (561) 336-6082 or contact us online for a consultation.