What You Can and Cannot Include in a Prenuptial Agreement (Prenup) in Florida
More and more couples are creating prenuptial agreements, also known as prenups, in Florida. Contrary to popular belief, there are limitations as to what you can put in a prenup. In fact, there are laws that govern what you can and cannot include in a prenuptial agreement.
While there are many benefits of drafting a prenuptial agreement, you must also be aware of the limitations of a prenup. If you want to create a valid prenup, do not hesitate to get legal help from an Orlando prenuptial agreement lawyer to ensure that the prenup you sign is legally binding.
What You Can Include in Your Prenuptial Agreement in Florida
The following things can be covered in your prenuptial agreement:
- Making a distinction between separate and marital property. If you owned property and assets prior to the marriage, you could protect them by creating a prenup and making a clear distinction between separate and marital property. Without this provision, your spouse could attempt to lay claim to your separate property in the event of divorce.
- Protecting yourself against the other spouse’s debts. A prenup could help you limit your debt liability to prevent creditors from going after you or your property if your spouse had any outstanding debt before the marriage.
- Protecting your family property, business, or even future inheritance. If you do not want a family heirloom, business, or future inheritance to be subject to equitable distribution, you can create a specific provision in your prenuptial agreement.
- Describing the responsibilities of spouses. A prenuptial agreement may also contain descriptions of the financial-related responsibilities, roles, and obligations of the spouses.
- Waiving rights to alimony. Unlike many other states, Florida law allows people to waive their right to receive alimony in prenuptial agreements.
What You Cannot Include in Your Prenuptial Agreement in Florida
The following are the things you cannot put in your prenuptial agreement:
- Provisions that violate public policies or federal or state law. Your prenup cannot contain any illegal provisions. If it does, the agreement will be deemed invalid.
- Decisions regarding child custody and support. Contrary to popular belief, prenuptial agreements cannot include provisions regarding timesharing, parenting plans, custody, or child support. Only the court can award child support based on the child’s best interests and other factors. The same can be said about any provisions regarding timesharing, visitation, parenting plans, or custody.
- Certain waivers of rights to alimony. Judges in Florida honor waivers of rights to alimony unless the spouse who waived the right becomes a dependent of the state, or there is proof that they waived the right under duress or fraud.
- Provisions that encourage divorce. If there are any provisions that seem to encourage parties to get divorced, the court may invalidate your prenup.
- Non-financial rules. A prenup cannot include rules about any non-financial behavior, responsibilities, or obligations of the parties.
Contact an Orlando prenuptial agreement attorney if you need help with creating a valid and legally binding prenup or want to challenge an existing agreement. Schedule a consultation with our family lawyer at Arwani Law Firm to determine what you can and cannot include in your prenup. Call at 407-254-0060 today.
