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What issues are covered in a prenuptial agreement?

Florida residents often spend years, or even decades, advancing in their careers and building up their wealth. As a person's income grows, so too does their ability to purchase more valuable assets, make investments and engage in other financial planning to put their dollars to work.

While a person's financial growth is a positive thing, it can also bring about certain issues as it relates to dealing with others. Perhaps most importantly, when a person decides to get married, questions can arise about the disparity in assets between the couple, and what might occur to those assets if the couple were to get a divorce.

In these circumstances, many find it beneficial to enter into prenuptial agreements. The prenuptial agreement can accomplish different goals, including asset protection for one individual who does not want the risk of losing the assets in a potential divorce.

Florida law allows individuals to enter into prenuptial agreements in many different areas. For instance, parties can contract as to their rights and obligations in the property of one or both individuals. Likewise, parties can contract with regard to the right to buy, sell, use, transfer, mortgage or otherwise manage and control their property.

While many individuals are aware of using prenuptial agreements for assets and property, they may not be aware of the other potential uses of the agreements. For example, prenuptial agreements can generally be used to cover the establishment or elimination of spousal support. Others might include provisions dealing with life insurance policies. Many agreements also contract for the making of a will or trust to carry out the provisions of the prenuptial agreement.

Accordingly, prenuptial agreements can cover a broad variety of rights and obligations. While there are certain areas that are off limits, like limiting child support, the agreements can be used effectively for a number of reasons.

Source: Florida Legislature, "61.079 Premarital agreements," accessed on Jan. 2, 2016

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