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Topics that can and can't be included in FL prenuptial agreement

More and more couples are making the decision to fit a prenuptial agreement into their wedding-planning process. Prenuptial agreements are a great platform for engaged couples to discuss financial matters pertaining to their marriage. After exploring their assets, both separate and marital, many couples make the decision to include a prenuptial agreement into their union. Prenuptial agreements can outline a variety of matters and there are also a few that they cannot contain.

Asset allocation is one of the top reasons couples decide to pursue a prenuptial agreement. Sometimes there are family trusts to consider or even a family business that does not want to feel the resounding affects that a marriage could have on its finances. It can also protect one spouse from the other spouse's debts, if they exist. Daily responsibilities can be mentioned in the prenuptial agreement like household duties, and even savings accounts contributions to be made by each spouse.

One matter that cannot and shouldn't be mentioned in prenuptial agreements is topics surrounding child support or child custody. These matters are taken very seriously by the court and, if child custody determinations are ever needed they are determined by the best interests of the child, not by a prenuptial agreement. Also, a spouse cannot 'waive' his or her right to receiving alimony if divorce happens sometime down the road. Too many personal specific duties are often frowned on by the courts, so if it isn't a specific marital duty, it's best to leave it unwritten.

If debating whether a prenuptial agreement is right for you and your fiancée, it is in your best interests to investigate. There is a lot of topics that the prenuptial agreement can encompass. It can really help to start a marriage off on the right foot, so to speak. Think of prenuptial agreements as a tool to make your marriage more successful in the short and long-term.

Source:, "What can and cannot be included in prenuptial agreements," Accessed Jan. 2, 2017

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