What Does Your Prenuptial or Postnuptial Agreement Need?

Prenuptial and postnuptial agreements get a bad name. A lot of people view prenups as a sign of distrust in a relationship – after all, you’re getting married or recently got married so why would you be worried about what happens if you get a divorce? Those who have these agreements certainly appreciate the peace of mind that comes with them, however, and we want to help dispel the stigmas surrounding them.

Sitting down with your fiancé or spouse to have a legal document laying out your wishes should things go wrong is a sign of trust. It’s a sign you trust each other to have challenging conversations and creates peace of mind in your relationship so you can focus on each other and the love you share. So, when you sit down to have that conversation what do you need to include?

One of the main purposes of a pre or postnuptial agreement is to establish which assets belong exclusively to which spouse. Florida is not a community property state, meaning assets will be split equally at the end of your marriage. If you don’t have an agreement in place then you may not be able to prove which assets actually belong to you which can lead to them ending up in the hands of your spouse instead.

This doesn’t mean your spouse can’t utilize assets that are separated in your agreement. Instead, it just secures those assets for your exclusive ownership in the future.

This one often gets overlooked, but you need to consider the debts you’re bringing into your marriage. Do you or your spouse have thousands of dollars in student loans or credit card debt? You can separate the legal responsibility of these debts through a prenuptial agreement even if you’re helping each other tackle your debts to provide a better marital life. If both of you have agreed to be equally responsible for these debts then this can also be detailed in your agreement.

Are you a business owner or do you own a portion of a business? If so, this should be one of the priorities of your agreement. Ultimately, divorce and the fight over assets can end up putting a business at risk so it’s important to address who has and keeps the business interest long-term.

If you already have children from a previous relationship you may already have plans for what those children will receive when you’re gone. Of course, you can establish an estate plan to make sure they get the assets and money you want them to, but you can also address this in your prenup. If you don’t have a plan in place then your spouse may end up with all the assets you intended to pass on to those children when you get a divorce or pass away.

Florida allows individuals to waive the right to receive alimony through pre and postnuptial agreements. If you are willing to sign these rights away and go into the marriage knowing you will be responsible for your own financial future in a divorce then this can be addressed. You can also include a partial waiver that places a limit on the amount of alimony you would receive in the event of a divorce.

What is a sunset clause? This can be a point in time when some or all terms of your prenuptial agreement will terminate. All or some of the terms you’ve signed on to through your agreement can become null. You do this as a sign of trust and commitment but these, of course, aren’t necessary.

These are just a few of the many aspects of prenuptial and postnuptial agreements that can be beneficial and bring peace of mind to your marriage. At The FAB Law Firm, we can help you come up with agreeable and valid terms. Contact our team and we’ll make sure you’re in a good place so you can focus on the love in your marriage.