Aprenuptial agreement is a legally binding contract that the parties enter into prior to being joined in marriage. A legal marriage will create a marital estate, whereby property can become owned by both parties to the marriage. Even property (including businesses) that were owned prior to the marriage can become part of the marital estate. Upon divorce, the court will decide how marital assets and debts are divided. However, prenuptial agreements allow for the couple to choose which assets and debts become part of the martial estate, and how such assets and debts will be distributed.

A prenuptial agreement can help protect high-value property or businesses from being divided if the marriage ends in a divorce. However, if there are children from another marriage, a prenuptial agreement can also protect those children’s property rights.

For a prenuptial agreement to be legally enforceable, it must be valid. Florida law requires these agreements to 1) be made in writing (oral agreements are not enforceable); 2) be signed by both parties; and 3) there must be a legal marriage after the agreement has been signed. Additionally, the agreement may only contain provisions that are legally enforceable. Some of the admissible provisions that a prenuptial agreement can cover are: a) rights and title to property; b) establishment or waiver of spousal support (alimony); c) title to retirement accounts (including insurance proceeds); and more. However, a prenuptial agreement cannot include provisions establishing or waiving child support or time-sharing rights with children, as these provisions violate public policy.

A prenuptial agreement is a powerful tool that can help couples protect their assets when entering into a marriage. If you are considering drafting an agreement or signing one, our attorneys can help draft or look over the agreement to ensure that your goals are accomplished, and your rights protected.