Michael E. Golub, P.A.

What things is a prenuptial agreement unable to do?

The subject of prenuptial agreements can be a confusing and controversial topic, especially if this is your first marriage. Like other Florida residents, you may think that drawing up a prenup ruins the romance. You do not plan on ever getting a divorce, so why would your spouse-to-be even think about suggesting it? Before you scrap the idea of a prenup, you may want to consider the possible reasons to get one. It can also help to understand what a prenuptial agreement is unable to accomplish.

A prenuptial agreement would serve to protect your assets and property if you and your spouse divorce, but it can also be helpful if your spouse dies, especially if you have children from a previous relationship. However, as you might imagine, prenuptial agreements are not a one-size-fits-all solution nor able to supersede certain orders from the court. For example, you would not be able to include the following points in your prenuptial agreement:

  • Visitation and custody rights of your children – The courts determine child custody on a case-by-case basis. A prenup will not dictate that you get the kids full-time and your ex only gets periodic visitation.
  • Child support – Income-based laws carefully mandate child support orders, and every child has the right to be supported by both parents. You will not be able to get out of paying child support by putting that in your prenup.
  • Common property division issues that are not in your prenuptial agreement – If you do not outline it in your prenup, a judge will make the decision for you.
  • Illegal stuff – Common sense applies here.

Creating a prenuptial agreement is not necessarily a harbinger of a doomed marriage. This important document can help you and your spouse, as well as your future children, to protect your interests and make things easier if a difficult situation does arise.

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map