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What Can and Can Not Be Included in a Florida Prenuptial Agreement.

Posted by Adalbert Martinez | Jul 01, 2024 | 0 Comments

Prenuptial agreements can be a smart way to protect your financial interests and set clear expectations before tying the knot. Here's a quick rundown of what you can and cannot include in a Florida prenup:

 What CAN be Included:
1. Property Division: Outline how assets and debts will be divided in the event of a divorce.

  • Florida is an equitable distribution State and not a Community Property State. Ironing out how your property is to be treated and divided in case of Divorce is critical!

2. Alimony: Specify terms for spousal support, including waivers or limits.
3. Estate Planning: Determine rights to each other's estates, inheritance, and death benefits.
4. Business Interests: Protect business assets and interests.
5. Financial Responsibilities: Define each party's financial duties during the marriage.

 What CANNOT be Included:
1. Child Custody, Visitation, or Support: Any terms regarding child custody, visitation, or support are not enforceable; these decisions are made based on the child's best interests at the time of divorce.
2. Illegal Provisions: Any terms that violate the law or offend public policy will be invalid.
3. Non-Financial Matters: Personal preferences, such as household chores or where to spend holidays, are generally not enforceable.
4. Unfair Terms: Provisions that are overly one-sided or deemed unconscionable by a court may be thrown out.

Remember, a prenuptial agreement must be entered into voluntarily, with full financial disclosure and ideally, with legal advice for both parties. Our Florida Prenup attorney at The CYA Law Firm is ready to help you ensure your prenup is fair, legal, and comprehensive. 

Feel free to share your thoughts or ask any questions below! 

About the Author

Adalbert Martinez

Welcome to The CYA Law Firm! Florida law firm with a singular focus—to protect and champion the interests of our clients. Assets On The Line? We Got You Covered! Adalbert Martinez MANAGING ATTORNEY During Law School, Al interned at WMU Cooley La...


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