In Florida, When Is a Prenuptial Agreement a Good Idea?

Before determining when a prenuptial agreement is a good idea in Florida, it is important to understand just what a prenuptial agreement is and what it is designed to do. As evidenced by the word “prenuptial” the document must be drawn up before a couple marries. It is also referred to as a premarital or antenuptial agreement and once it is properly written out, witnessed, signed, and notarized it cannot be changed or disregarded unless both parties agree, again in writing, signed, witnessed and notarized. In Florida the law regarding changing or disregarding a prenuptial agreement is extremely rigid and the document will usually be upheld by the courts. There are, however, a few exceptions and they include but are not limited to when either party has lied or given false information regarding what is contained in the prenuptial agreement or on the required full disclosure financials required of both parties prior to drawing up the document. Too, if either party did not speak or understand English, was bribed to sign, or was not given the opportunity to have legal counsel prior to signing the prenuptial agreement this will be reason to discount the agreement. A judge will also look unkindly if either party is to receive a great deal more than the other.

What are some of the issues, which can be contained in a prenuptial agreement? Of course each situation is different, but there are some basic concerns usually found in a prenuptial agreement. Usually the parties are concerned with keeping certain items which, in case of separation or divorce (dissolution of marriage as it is termed in Florida) would normally be considered marital assets and so would then be distributed equitably. (Florida is an equitable distribution state, not an equal division state). This could include real estate, antiques, high end furniture, collections such as guns, books, or stamps, to name a few. Predetermining the amount or elimination of alimony, considered spousal support, and protecting someone’s’ inheritance, particularly that of a step child, in case of death are other concerns addressed in prenuptial agreements. How income taxes will be filed and sometimes even the determination of which party will pay which expenses during the marriage will be included in a prenuptial agreement. It is important to note that in the state of Florida child support, visitation, and custody, as well as the right to seek attorney fees and temporary alimony cannot be part of a prenuptial agreement. An experienced prenuptial agreement attorney will be able to help determine individual need on a case by case basis.

But why would someone want a prenuptial agreement when marriage is supposed to be the joining of two persons for the rest of their life? Sadly, the fact is in the United States the divorce rate hovers near 50% with higher rates in further marriages. Many people have heard the horror stories associated with divorce or know from their own experiences just what happens when it comes to how assets and debts are distributed and are anxious to take steps to prevent it from happening to them, “just in case”. Too, when step-children are involved it is important to guard their rights in case a step-parent gets greedy. In the case of older folks getting married again due to death of a spouse or the increasing percent of “gray” divorces there is often a lifetime of special assets to protect as well as retirement plans and beneficiaries for life insurance policies. Again, it is a wise idea to use a family law lawyer well versed it Florida prenuptial preparations and presentations to work with you through the whole process.

Finally there is a word of caution to those seeking nuptial safe-guards. The future for all of us is an unknown so trying to preset financial needs can sometimes be a burden in the end. For example, should the financial needs of a spouse far outweigh the alimony arrangement set in the prenuptial agreement nothing can be done if the other spouse is unwilling to offer more. Too, if the one who is to pay alimony has a large financial downfall and really cannot afford the agreed upon amount that party will still be liable to pay. So think your need for a prenuptial agreement through carefully and use a prenuptial agreement attorney to assure the most beneficial outcome in planning your marital future.