Prenuptial agreements allow couples in Florida and throughout the country to determine how assets are divided in a divorce. It may also protect individuals from any liability for debts accrued by their spouses before or during a marriage. Finally, this type of agreement is commonly used to ensure that children from a previous marriage receive their inheritance. It is important to note that parents can use trusts or other estate planning tools to further protect a son or daughter’s inheritance.
In some states, it may be possible for each party to a marriage to waive his or her right to alimony. It may be a good idea to consult with an attorney prior to executing a prenuptial agreement to determine if such a clause is likely to be upheld if a divorce occurs. While there are many items that can be included in a prenuptial agreement, there are many that are expressly prohibited by state law.
For example, such an agreement cannot cover issues related to child support or child custody. Instead, a judge will determine how much a parent should be paying or how custody or visitation rights should be allocated. Child custody rights are allocated based on what a court believes is in the child’s best interest. Finally, this type of arrangement cannot encourage someone to seek a divorce or to engage in any illegal activity.
A family law attorney may be able to review a prenuptial agreement before it goes into effect. An attorney may also be able to review it during a divorce proceeding to determine if its terms are still enforceable. If not, it may be necessary to negotiate a new settlement either through mediation or through litigation. Mediation may be ideal for those who are looking for an amicable settlement.