What Should I Include in My Prenuptial Agreement?

During a Florida divorce, the courts will divide your assets equitably—not necessarily evenly. In addition, you could end up paying alimony, child support, and being saddled with your partner’s debts. This can cause considerable apprehension. One way of managing this problem is for you and your spouse to sign a prenuptial agreement prior to tying the knot. The prenuptial agreement will take precedence over Florida’s rules of equitable distribution and protect your interests in the case of divorce.

What should I include in my prenuptial agreement? 

Prenuptial agreements are contracts signed by both spouses. Their main virtue is that they can save you a considerable amount of money in litigation should you and your spouse split up. They also clarify both parties’ responsibilities toward the marriage. Below is a short list of everything you should consider adding to your prenuptial agreement.

• Your property – You and your spouse should include a list of all the property, assets, and debts you currently possess.

• Marital versus separate property – The prenuptial agreement should identify any property that is not considered “marital property”. Marital property is what is divided in a divorce. Separate property remains the property of the individual spouse. Specifying that an asset is separate property protects it from being equitably distributed during divorce.

• Dividing property – The prenuptial agreement can specify how property will be divided during divorce. For example, one spouse may be the owner of a home, a car, or their retirement account. If you don’t want these to be split down the middle, you might want to specify that in a prenuptial agreement.

• Dividing debts – You can specify that a specific debt belongs to one or the other spouse. For example, you might include a credit card that is the sole liability of the spouse who uses it. Typically, all debts incurred during the marriage are considered marital debts.

• Alimony – Your prenuptial agreement can include provisions regarding alimony, whether or not one spouse is eligible for an alimony award, and if so, how much.

• Dispute resolution – Litigation is expensive and time-consuming. You may prefer to resolve any differences through arbitration or handle problems that could arise within the text of the prenuptial agreement.

• Sunset clauses – You can add a sunset clause to your agreement that causes the agreement to lapse after a certain amount of time. For example, your prenup could lapse after 10 years of marriage.

This list of terms is by no means exhaustive. You can customize your prenuptial agreement to your individual circumstances. You should have a lawyer draft the agreement to ensure that it’s enforceable. Not all prenuptial agreements are enforceable by the court.

Talk to a Clearwater, FL Family Law Attorney Today 

Cairns Law, P.A., represents the interests of couples who are getting married. We can help you and your spouse hammer out a prenuptial agreement that protects both of you in the event of a divorce. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.