Entering into a marriage in Florida is a happy time for most couples, but over half of the wedded couples end in divorce. Depending on the length of the marriage, couples can end up battling over large assets in public. The cost of divorce rises the longer it takes to come to an agreement without the benefits of a prenuptial agreement.
According to the 2019 Florida Statutes, a formally written prenuptial agreement is enforceable in a court of law. The couple can determine spousal support, property dissolution, obligations and rights while married and upon death, separation or divorce. However, the couple cannot use the agreement to handle any future child support obligations.
The agreement must be voluntarily entered into otherwise it is not enforceable. The court can unenforced certain parts of the agreement if they violate other laws. For example, the couple may agree to have no spousal support, but upon divorce, one spouse qualifies for an assistance program. That spouse can then qualify for spousal support despite the agreement.
The wedding site TheKnot.com lists commonly missed items in a prenuptial agreement couples may want to include. How a couple handles money and discussions surrounding finances can be included in the prenup potentially preventing future problems and perhaps even divorce over money. While children cannot be included, pets can be part of the agreement.
Beyond financial assets, the prenuptial agreement can outline any chores or lifestyle clauses to keep the marriage on the same footing. These may not be enforceable by Florida law should the couple divorce, but they can set expectations for the marriage at the beginning.