For Florida couples who plan to get married, a carefully drafted prenuptial agreement can be a valuable way to protect assets in the event of a divorce.
In fact, entering into a prenuptial agreement isn’t just for the rich and famous these days. Many couples who intend to marry or re-marry may find an advantage from a basic prenup. A prenuptial agreement essentially protects ones pre-marital property from being attacked in the event of a divorce. Although many clauses can be placed into the agreement, its focus is to assure that the couple leaves the marriage in the same state in which they entered into it.
A prenup may specify that certain things such as future business income acquired during the marriage or assets and property that may be gained through an inheritance will not be split between the parties in the event of a divorce. However, there are exceptions. For example, you generally cannot place limits on child custody and visitation or on child support in a prenuptial agreement.
Many older couples getting married for a second time could find a prenup beneficial in order to protect property and assets for the sake of their children if something were to happen. While the laws on prenups vary state-to-state, attorneys advise that couples should discuss a prenup some time prior to their wedding and sign the contract at least four months before the wedding. It is also important for both parties to be sober and of sound mind when signing a prenuptial agreement because a lack of mental capacity could be cause for a court to overturn it.
Source: MSBNC, “Signing a prenup: In case ‘I do’ becomes ‘I don’t’,” Robert DiGiacomo, Aug. 24, 2011