What Cannot Go In A Florida Prenuptial Agreement?

Prenuptial agreements, or prenups, are still a topic of intense debate for many couples in this day and age. Some may see them as practical, while others only see them as decidedly unromantic or even controlling. While it is true that discussion of a divorce one day can be a bit of a buzzkill, a prenup does not have to ruin the mood. It can sometimes help set a future spouse’s mind at ease to clarify what legally can and cannot go into a Florida prenup.

Any discussion of child support or parental responsibility. Florida law holds that the right of a child to support is an obligation on each parent, and explicitly prohibits disposing of the right to child support in a prenup. The rationale is that signing away a right that does not belong to either of the parties in the prenup is problematic at best, a violation of public policy (that is, it would shock the conscience of the public) at worst.

Non-financial provisions. In general, courts are disinclined to allow anything in a prenup that attempts to regulate conduct or morality. These are sometimes called ‘lifestyle clauses’ – for example, some spouses may attempt to impose a financial penalty for infidelity – and in Florida, they are usually unenforceable. Courts simply do not want to get into regulating private conduct of consenting adults.

There are exceptions to this, though they are few. One is if a prenup includes any kind of clause that seems to encourage illegal behavior or criminal activity – by definition, a court cannot permit conduct that is clearly against the laws of this state. The other major exception is if a prenup includes provisions that violate the very principle of fairness – for example, a prenup where one spouse would be left destitute after a divorce will usually be held to be null and void.

Provisions that ‘encourage divorce.’ These are extremely rare, but from time to time, a couple will place a provision in their prenup that rewards a person who initiates divorce. One wonders why they would choose to marry in the first place, but regardless, any clause of this nature is considered unenforceable in Florida.

Contact A Hollywood, FL Prenuptial Agreement Attorney

Hearing that Florida law prohibits some of the most potentially abusive clauses in a prenup can sometimes soothe the fears of a reluctant spouse-to-be. If so, consulting a Hollywood, FL prenuptial agreement attorney from the Law Offices of Steven A. Mason, P.A. can get the prenup process started for you and your partner. Contact our office today at (954) 963-5900 to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html