While creating a prenuptial agreement before your Florida wedding may leave you feeling pessimistic, there are numerous potential benefits of having such a document. If you and your spouse remain happily married, the agreement may never come into play. However, if you do decide to get divorced sometime in the future, a prenuptial agreement may protect your financial assets and make it easier for you to adjust to post-divorce life. Prenuptial agreements may be especially important for high net worth couples for whom divorce is often extremely complicated and potentially expensive.
The Florida Legislature states that a prenuptial agreement must be in writing and that both individuals must sign it prior to getting married. Legally, the agreement goes into effect when your marriage begins. According to state laws, there are several topics you and your prospective spouse may cover in a prenuptial agreement. Most of these are financial matters relating to property division, business ownership, spousal support and life insurance benefits. You may not use a prenuptial agreement to affect child support arrangements for your children.
The text of Florida’s law on premarital agreements provides more details on the content of this type of legal document. You may create a contract that gives you and your spouse the right to buy or sell property. You may also make arrangements for alimony or agree to create a trust to ensure it is possible to carry out the provisions of the prenuptial agreement. Additionally, the agreement may cover who has rights to the death benefits of a life insurance policy. You may revoke or update your agreement at any time after you marry if both you and your spouse sign a written document describing the changes. A court may not enforce an agreement made under duress or involuntarily.
This overview of prenuptial agreements is general in nature and is intended to be educational; it should not be taken as legal advice.
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