Prenuptial Agreements & Florida Divorce

Prenuptial agreements, or ‘prenups,’ are more common than ever nowadays, especially as more people marry for a second or even third time. However, the actual ramifications of executing a prenuptial agreement are less well understood, particularly with regard to what will happen in the event of a divorce. Having an attorney help with your prenup can help to clarify each person’s rights and responsibilities.

Preemptively Handle Potential Issues

There are several reasons that a couple might wish to have a prenup in place when they marry. Two of the most common are to make provision for children of a previous marriage, and to establish agreement on certain issues that would come up in the event of a divorce. It is the latter that can be the most complex, and is certainly the most high stakes, especially in terms of asset distribution and parenting time.

Florida law is very broad in that it allows the parties to a prenup to “contract with respect to” almost anything that might come up during divorce proceedings. For example, the statute specifically mentions the “establishment, modification, waiver, or elimination” of spousal support, as well as the ownership rights over the benefits from life insurance policies. In this way, many assets will already have been disposed of when divorce proceedings begin, saving time and trouble.

Some Concerns Cannot Be Handled In A Prenup

Because a prenup can help to preemptively solve so many potential questions that would come up during a divorce, it can shorten proceedings considerably. That said, there are certain concerns which cannot be disposed of before divorce proceedings begin, namely the right of a child to support and the issue of custody. The former belongs to the child, not the parents, and one cannot sign away a right that does not belong to them.

With regard to the latter, to allow a custody determination to be handled in a prenup would be both inequitable and unenforceable, particularly if the child or children were not born at the time the prenup was executed. Custody, also referred to as parental responsibility, is decided by weighing a host of different factors, including the “moral fitness” of the parents, the home, school and community situation of the child, the “demonstrated capacity of the parent” to provide a stable routine for the child, and more. None of this is demonstrable before the marriage has even occurred – thus, no determination on this issue can be made in a prenup.

Call A Hollywood, FL Prenuptial Agreement Attorney

A prenup will be a good idea for many couples, but it is important to be aware of exactly what the agreement can and cannot do. If you have questions or concerns about your own prenuptial agreement, calling a Hollywood, FL family attorney from the Law Offices of Steven A. Mason, P.A. may be a good first step. Contact our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html