On behalf of North Tampa Legal Group posted in property division on Thursday, January 18, 2018.
Prenuptial agreements were frowned upon for many years, but nowadays, many Florida couples see these contracts for what they are. The primary purpose of signing a marital agreement is to give both parties peace of mind in knowing that their respective interests will be protected in the event of a divorce. The contract can be drafted so that the assets that each party brought into the marriage will remain personal property, and what they accumulate and lost during the marriage will be equitably divided in the property division process of divorce.
Some use a marital agreement to make sure that one spouse is not saddled with the other one’s failed business, or that certain assets will be protected for children from a previous marriage. Some even choose to use this contract to divide their chores and keep each other on track if there is a danger of substance abuse, gambling addiction or adultery. As long as it is not illegal or against public policy, almost anything can be included in a prenup.
However, matters related to the children will typically be handled by the court. A prenuptial agreement cannot limit child support, and although parents may agree on how they would like to manage child custody, the final ruling will require the approval of the judge. Of course, parents can prepare a child custody agreement and parenting plan to present to the court for approval. The court also disapproves of financial promises that will encourage divorce. For example, a prenup that promises one spouse a significant amount of money in the event of divorce might be frowned upon by the court.
A prenuptial agreement can only protect a person’s assets in property division if it was drafted in accordance with the applicable law. There are specific requirements to meet, and an experienced Florida divorce attorney can assist with negotiating and drafting contract, while also providing ongoing advice and guidance. Furthermore, legal counsel can make sure a prenuptial agreement will hold up in court if it is ever challenged.
Source: marriage.com, “What Can and Cannot Be Included in a Prenup“, Accessed on Jan. 17, 2018