For most of us, our exposure to premarital agreements has been through television shows or movies where the contract is there to highlight one party’s negative trait: either a paranoia and distrust of the other, or a cynicism that assumes the marriage will end. But a prenuptial agreement can be a stress-relieving document that affirms your partnership.
First, familiarize yourself with the sorts of topics covered in such an agreement. This includes the rights and responsibilities each party has regarding acquired assets; the method of division of property in the circumstances of death, divorce, or other event that leaves a party unfit; potential alimony; wills, trusts, and other post-death policies; and any other matters the couple deems important that will lead to a smooth and happy union. Only child support is unable to be included in a premarital agreement under Florida law.
Premarital agreements are not forms to be filled out, turned in, and stamped with approval. Instead, they are contracts that remain unique to each couple’s personal situations, taking into account concerns of the present and hopes for the future. Because of this, each document is unique and should involve legal supervision.
Finally, if you intend to use a prenuptial agreement, be aware that amendments and cancelations are possible by a written agreement signed by both parties. It’s also possible for a court to find the prenuptial agreement unenforceable.
If you have questions about your premarital contract or would like to consider creating one, contact an experienced Boca Raton Family Law lawyer today. The Boca Raton family lawyers at Orner Law are available for a free consultation today.