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What are the limitations of a prenup in Florida?

On Behalf of | Nov 17, 2021 | Property Division |

Prenuptial agreements in Florida give you a lot of control over how you and your spouse will divide assets in a divorce. You can even include other stipulations like whether alimony is an option and what expectations are for each partner in the marriage. There are, however, a few limitations you should know of to keep your prenuptial agreement valid.

Child custody

Florida law doesn’t allow couples to create child custody guidelines in a prenup. Only a judge can make a decision on child custody issues because they need to do what’s best for the child, especially if one of the parents is abusive, neglectful or struggling with drug use. You also can’t make decisions on child support in your prenup. This is a matter that the judge decides.

Full disclosure

You and your spouse must fully disclose what assets you own in order for the prenup to be valid under Florida law. If you hide some of your assets and a judge evaluates the prenup as unfair, then the judge could throw out entire agreement. Likewise, coercing your spouse into signing the agreement or committing fraud invalidates it.

Adequate time

Some people make the mistake of bringing a prenup to their wedding day. Your spouse needs enough time to consider the terms of the agreement and negotiate with you in order for the prenup to be valid. Both of you should run the prenup by a lawyer as well for reassurance that it’s in line with Florida law and to help protect yourself from your spouse claiming that it was unfair later on.

Take your time in correctly drafting a prenuptial agreement with your spouse that is fair. Rushing through it could result in an invalid contract. Some judges will toss out the entire agreement rather than modify it.


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