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What are the dos and don’ts of prenuptial agreements?

On Behalf of | May 9, 2021 | Family Law

If you have concerns about your finances going into a marriage, then you should consider creating a prenuptial agreement. Despite the misconception, such as agreement is not a punishment to anyone. It can be quite beneficial to both people.

However, according to The Florida Statutes, you do need to ensure your prenuptial agreement meets the requirements under the law for it to be enforceable. Here are some things you should and should not do.

Should do

You should always make sure that you both agree to the terms within the document and include both of your signatures. You also must put it in writing. Oral agreements are not enforceable under the law.

You can include something about spousal support, which can help save you time if you do divorce. However, you need to be aware that any alimony agreement cannot leave one of you in a position where you would have to seek public assistance after the marriage.

If you wish to include provisions pertaining to personal rights and obligations during the marriage, you need to ensure they do not violate public policy.

Should not do

You cannot include anything regarding child support in a prenuptial agreement. The court will throw this out if you do include it.

Do not forget to include all property you own, including that which would be separate property under the law. A prenuptial agreement can apply to any type of property. You also need to ensure the other person is aware of all the property you own. Not giving full disclosure can void it.

Do not forget you can modify the agreement after you marry. Modifications become effective if you both agree to them.

You should never enter into an agreement if you do not both fully agree to the terms as this can void it. In addition, you cannot pressure the other person into accepting it.

Following this advice can enable you to create and execute an agreement that will stand up to scrutiny should you divorce.


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