James R. Schaffer, P.A.

Certain provisions are barred from prenuptial agreements

| Feb 7, 2019 | Prenuptial Agreements |

To some, making important financial and personal decisions about how their divorces will proceed even before they are married may seem fatalistic or even depressing. For others, having these and other matters addressed prior to their wedding dates can provide security and peace since they know that they have communicated with their partners about important decisions. Floridians who want to learn more about prenuptial agreements can discuss them with their family law attorneys, but readers should know that some topics cannot be addressed in premarital agreements and contracts.

A prior post on this blog discussed the fact that prenups cannot establish child custody schedules as such matters must be based on the best interests of the children. Since couples may not have kids before they get married these provisions are barred from inclusion in prenuptial agreements. Additionally, couples cannot contract to engage in illegal enterprises or actions through the execution of their prenups.

In some states parties cannot voluntarily waive their rights to spousal support in their premarital agreements, but this is not the case in Florida. State law permits individuals to agree to or waive their rights to alimony in prenups, but readers should discuss these and other important topics with their family law attorneys.

Finally, prenuptial agreements generally may not include provisions that support or encourage the parties to seek divorce. Such provisions may be invalidated by the courts and may be unenforceable. Prenuptial agreements can provide individuals with clear expectations and some security about the future, but as noted in this post, they cannot address all of the possible topics that couples may wish to discuss before they enter into marriages.