What Cannot Be Included In A Prenuptial Agreement?
A prenuptial agreement, or prenup, is a contract of sorts between two people who intend to get married. It will become valid upon their marriage, and it can help to settle particularly complex or contentious issues that might otherwise cause problems in the relationship. Florida law gives couples fairly wide leeway in what they can stipulate to in a prenup, but there are certain things that cannot be included for several different reasons.
Broad – But Not Limitless – Discretion
One of the most common provisions in a prenup is one designating certain assets as separate or marital property. Florida is an equitable distribution state, meaning that all marital assets and debts are divided according to what is most equitable (fair), rather than simply splitting everything 50-50. However, this only applies to marital property. The spouses can each designate certain assets as separate property – items they owned before the marriage and maintained with their own money.
Another issue that can be settled in a prenup is preemptively waiving or demanding spousal support. In the event of a divorce, Florida allows a person to waive their right to support if they wish, and if such a provision is included in a prenup, it will generally be enforced unless it puts a person into poverty. Since equity is the guiding principle in Florida divorces, such a move would be against public policy.
No Unenforceable Provisions
A couple about to marry can handle issues like inheritance, spousal support, and separate property – but there are certain hard and fast rules about what cannot be contained in a Florida prenup. Perhaps the most important is that no non-financial rules will be allowed – nothing governing a person’s behavior or promises for the future. Such rules are seen as both unenforceable and unfair to the person making the promise.
The other major exception to Florida’s relaxed approach to prenups is child support. State law explicitly forbids waiving the right to child support, because that right does not belong to either of the soon-to-be spouses. It belongs to the child – the law states that each parent has a “fundamental obligation” – basically, a duty – to support their minor children, and one cannot disavow a legal duty. Parenting time also must be decided during a divorce (if one takes place) rather than preemptively.
Contact A Hollywood, FL Prenuptial Agreement Attorney
Many couples attempt to craft an enforceable prenup themselves, but in general, it is a better idea to consult an attorney. A Hollywood, FL prenuptial agreement attorney from the Law Offices of Steven A. Mason, P.A. can help ensure that your prenup is enforceable and equitable. Call 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/0061.075.html
