Do you have a business you’re bringing into the marriage? Is your partner saddled with significant debt? If so, chances are good that you have a strong reason to pursue a prenuptial agreement. But what should you include? In this article, the Tampa family law attorneys at Westchase Law, P.A. will discuss what provisions you should place into a prenuptial agreement.
The Florida Uniform Premarital Agreement Act
The Uniform Premarital Agreement Act (UPAA) is a statute that individual states can choose to enact but are not required to. The purpose of uniform acts is to harmonize laws across various states without imposing these rules from Washington. Florida has enacted its own version of UPAA, which sets forth the rules for prenuptial agreements.
Limitations of prenuptial agreements in Florida
There are specific rules dictating what prenuptial agreements can and cannot address. It is important to understand these rules thoroughly before you attempt to draft one.
- Child custody and support – Prenuptial agreements cannot dictate any terms related to child custody or child support. Instead, the courts use the “best interests of the child” standard to determine issues related to the children.
- Fraud – Prenuptial agreements cannot be based on fraud, deceit, or coercion. Both parties must disclose their financials to the other before proceeding. Prenuptial agreements are wholly voluntary.
- Annulment – A prenuptial agreement will not go into effect if the marriage never occurs or is annulled.
- Unfair terms – The court can refuse to recognize an agreement that has manifestly unfair terms. In addition, a prenuptial agreement signed at the last minute might invalidate the agreement entirely. It will, at least, arouse suspicion.
Before you sign your prenuptial agreement, it’s important to have an attorney look it over.
What should I include in my prenuptial agreement?
A good prenuptial agreement is tailored to your individual needs. However, common provisions included in prenups include:
- A list of all the properties both spouses own
- Categorization of what property is considered marital property and what property is considered separate property
- How certain property will be divided in the case of a divorce. This includes both assets and debts.
- Whether one spouse would be entitled to alimony
- Which state’s law governs the agreement
- How disputes will be resolved if they occur
- A “sunset clause” that dictates when the agreement is no longer enforceable
What you include in your prenuptial agreement will depend heavily on your individual circumstances and interests. For example, if you have a business that you don’t want to share with your spouse in the case of divorce, you can specify that this business is always separate property and never marital property.
Talk to a Tampa, FL Family Law Attorney Today
Westchase Law, P.A. represents the interests of spouses who are looking to draft a prenuptial agreement. If your spouse wants you to sign a prenuptial agreement, we can review the document for you and explain how it will play out. Call our Tampa family law attorneys today to learn more.