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What can be Included in a Prenuptial Agreement?

On behalf of The Law Offices of Cindy D. Sackrin posted in Family Law on Thursday, March 10, 2016.

For couples considering a prenuptial agreement, it is important for them to understand what can and cannot be included in a prenuptial agreement. One of the primary applications of a prenuptial agreement is to account for property division in the event of a divorce. Traditionally, when a couple divorces, marital property is divided according to the property division in their state. In Florida, equitable distribution rules are followed when property is divided between divorcing couples. A prenuptial agreement allows a couple to decide for themselves how marital property will be divided in the event of the couple divorcing.

In addition to property division agreements, prenuptial agreements can decide how debts will be handled, account for family property and children from previous marriages and can help ensure the effectiveness of an estate plan. The rules concerning prenuptial agreements can vary by state, such as whether or not alimony can be included in a prenuptial agreement, so it is important to understand the prenuptial agreement rules in your state. Prenuptial agreements can also define responsibilities for the couples entering the marriage, but cannot include anything illegal or address child support or child custody issues, as well as some other divorce-related issues it is important to be familiar with.

Prenuptial agreements allow couples the autonomy to decide in advance certain issues for themselves if they were to divorce. The family law process provides flexible options such as prenuptial agreements to help families address their legal concerns in a way that is best for them and makes the most sense for them.

Source: Family.Findlaw.com, "What Can and Cannot be Included in Prenuptial Agreements," Accessed March 7, 2016

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