Pacheco Perez P.A.

Florida woman sets 3 specifics in her premarital agreement

Couples considering marriage or divorce in Miami-Dade County, Florida, may have considerations related to stipulations for marriage. Premarital agreements provide some protection of finances and other matters when someone enters into a marriage, but they can also be challenged upon divorce given certain circumstances. What many couples don't realize is that premarital agreements don't have to be 100 percent financially-based – they can also record stipulations for other areas of the marriage.

One Florida woman faced a third marriage after being widowed once and divorced once. Because of her past experiences, the woman wanted some assurances regarding the quality of life and her own financial future going into the marriage. She requested that her soon-to-be third husband sign a premarital agreement.

The agreement included three issues the woman felt strongly about, and reports are that the man was happy to sign. It's not surprising that he was eager to agree to her demands, since one of the three items was the fact that she agreed to consummate the marriage one time per day every day they were married.

The other stipulations of the agreement had to do with raising other people's children and asset division in case of divorce. The woman required that assets be divided at a 60/40 split with her gaining the greater portion should the couple ever divorce. She also stipulated that they would not, at any time, raise anyone else's children, including their own grandchildren.

The couple was married nearly a dozen years before the man passed away. According to the woman, the marriage was happy and her husband faced her pre-nup requirements with humor and signed them willingly.

Not everyone will have such simple requirements, but this case shows how a premarital agreement can protect wants and needs that aren't directly related to finances. Understanding the legal nature of such agreements is the first step in knowing what you can and can't include in such a document.

Source: Current-Argus News, "'Knotty Lady' started to tat when she was 5" Valerie Crantson, Mar. 09, 2014

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