James R. Schaffer, P.A.

What cannot be addressed in my prenuptial agreement?

| Aug 27, 2020 | High Asset Divorce |

Protecting oneself from unfavorable outcomes is important in all aspects of life, including marriage. For example, a prenuptial agreement is an excellent way for couples to ensure their individual needs and property will remain safe during a divorce.

This does not mean that a couple can include whatever they like in their agreement and expect it to be upheld by a Florida court, however. There are several issues that a prenup cannot cover.

Child custody and support

A prenuptial agreement cannot determine child custody or support. Child custody decisions must always be centered on a child’s best interests, not on what his or her parents decided on years prior. The court will also have the final say when it comes to child support. One parent cannot skip out on financial obligations or pay less than he or she should regardless of what a prenuptial agreement might state.

Financial matters vs. personal matters

The principal focus of prenups is on financial matters. Personal matters are not typically included. They are often used to protect family property from being transferred outside the family, to identify separate property not subject to distribution in divorce proceedings, to protect against debts of the other spouse and even to address the financial responsibilities of each spouse during the marriage.

Additional excluded provisions

Prenuptial agreements cannot include provisions that encourage divorce, anything related to illegal activities or waive certain rights. In some situations, a Florida judge may decide to throw out an entire prenuptial agreement if it includes one or more of these provisions.

For these reasons, it is often well worth your time to speak with an experienced attorney before signing a prenup.