If you are getting married, you might wonder if you need to get your spouse-to-be to sign a prenuptial agreement. Once you get past the fact that this agreement makes you think about divorce before you ever say “I do,” you can quickly see why the prenuptial agreement can help you.
When you draw up a prenuptial agreement, you must ensure that you include items that need to be covered. This doesn’t include items that can’t be part of a prenuptial agreement. Some items, including bank accounts, are handled through a payable on death or beneficiary document that you created when you opened the account.
Besides just listing how assets are going to be divided in the divorce, there are several other things you can include in the premarital agreement. One of these is that you can include information about how children from a previous marriage will be supported if you die. In this case, you can set aside assets for those children, even if they are adults.
Another consideration is laying out the expectations for a family-run business if you have one of those. This is important if you and your spouse-to-be will both be involved in the business. You can lay out clear roles about who will do what and how a divorce would impact those duties.
You can also protect family heirlooms and future inheritances. This, however, doesn’t include any future support payment requirements. Typically, you can’t include child support information in the prenuptial agreement. Alimony might be covered, but you must ensure that your terms are in line with the applicable Florida laws.
Always make sure that your prenuptial agreement is enforceable. This can help you to have the peace of mind to know that you are protected if your relationship ends in divorce.
Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed April 07, 2017