What to Include in a Premarital Agreement

Florida is an equitable distribution state. This means that in the event a couple gets a divorce, marital property is distributed fairly, but this does not necessarily mean equally. Property division issues are some of the most contentious in any divorce, but a premarital agreement can help resolve these issues much more quickly. A premarital agreement largely stipulates how marital property will be divided in divorce. Below, our Orlando prenuptial agreements lawyer outlines the most important terms to include in your contract.

Legal Requirements for Premarital Agreements in Florida 

Before understanding what to include in your premarital agreement, it is critical that you know the legal requirements on these contracts. If you do not understand these legal requirements, anything you include in your agreement may be deemed void by the court. The legal requirements on premarital agreements are as follows:

• Premarital agreements must be printed in writing. Handwritten documents and verbal agreements will not be enforced.
• Both parties must sign the document and while witnesses and notarization is not required, they are recommended.
• Signing the agreement at least one month before the wedding is not a requirement, but it can help confirm the contract’s validity.
• All information should be accurate and complete, particularly with regard to financial disclosures.
• There must be no evidence that one party was coerced into signing the document.

What to Include in Your Premarital Agreement

 Exactly what you include in your premarital agreement will depend on the facts of your own specific situation. Generally speaking, though, your premarital agreement should include the following:

• A listing of all assets both spouses-to-be own,
• Classifications regarding separate property and marital property,
• How marital assets will be divided in the event of divorce,
• How marital debt will be divided in case of divorce,
• Alimony provisions, if applicable,
• Dispute resolution methods, such as mediation, if there is a dispute in the future

In addition to the above, there are other clauses that some couples include in their agreements. For example, sunset clauses are sometimes used, particularly if one spouse has doubts about the other. A sunset clause is essentially an expiry date for the premarital agreement.

It is also important to know that there are certain things you cannot include in your agreement. For example, you cannot include provisions regarding child custody or child support, as the universal best interests of the children will govern these cases.

Our Prenuptial Agreements Lawyer in Orlando Can Draft Your Contract 

Premarital agreements have many benefits, and they can be very useful if you ever need one in the future. It is critical to make sure these documents are drafted properly, though, to ensure they provide the protection you need. At Anderson & Ferrin, P.A., our Orlando prenuptial agreements lawyer can draft your contract, ensure it includes everything you need for your situation, and make sure it is enforceable by the courts. Call us now at 407-412-7041 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html