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Is my prenup going to control the outcome of my divorce?

Not every Florida couple chooses to enter into a premarital agreement prior to getting married. The decision to create a premarital agreement may depend on what assets and possessions the parties hold prior to entering to a marital union. It may also depend upon the past relationships of the parties and whether they wish to protect their separate property for the benefit of children or other family members in lieu of their prospective spouses.

Since premarital agreements cannot speak to certain divorce-related topics, they are generally only controlling when it comes to matters of property and money. A couple can dictate how they will divide what they own in the event of a divorce in a premarital agreement. However, they cannot outline matters related to the custody of their children in such a document. This is because child custody orders must be based on the interests of the children at the time their parents go through a divorce.

Additionally, within the limited scope of property and financial matters, a premarital agreement may not be given any weight if it is determined to be invalid. A number of issues may invalidate a premarital agreement, including but not limited to the failure of the parties to properly execute it, the existence of fraud in the document or the presence of coercion by one of the parties against the other at the time the document was executed.

This post does not provide legal advice nor does it answer specific questions regarding readers' premarital agreements. Readers who want to learn more about premarital agreements in Florida will want to seek the help needed to have their questions answered.

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