When preparing to wed, many people have a number of questions about how they can and should protect their wealth from loss due to divorce. In fact, some people are so concerned about the matter that they feel overwhelmed and are unsure how to proceed. They know that they need the assistance of an attorney, but they are not sure what types of protections are available with a prenuptial agreement. It can be helpful to create a list of questions to present to a Florida marital agreements lawyer in the interest of making the most of an appointment.
A great place to begin is to ask what types of issues can be covered with a prenuptial agreement. Common issues include property matters, such as who will keep the family home if the marriage should end. A prenup will also address ownership of property acquired both during and prior to the marriage.
Prenuptial agreements can also address matters of fidelity. The parties can agree to what would occur if one partner is unfaithful. Common responses to cheating include the loss of certain property rights or spousal support. The best thing about a prenup is the ability that each couple has to tailor an agreement that is in line with their personal priorities. So, for couples who value fidelity above all else, a higher "penalty" can be assessed for having an affair.
It is also important to discuss those things that will not be covered by a prenup. For example, any inclusion that is in violation of state or federal law cannot be enforced in court. Child support is another issue that falls outside of the range of a prenuptial agreement. It is not possible for a party to voluntarily waive child support in any legal document, outside of a voluntary termination of parental rights.
For those in Florida who are thinking about their options in drafting a prenuptial agreement, meeting with a marital agreements lawyer is the first step. Coming in with a list of questions can make that initial meeting more productive. In addition, individuals should arrive prepared to take notes and ask follow-up questions during the consultation.
Source: Forbes, "3 Ways To Help Decide If You Should Get a Prenup", Ginger Dean, June 30, 2017