What Is Included in Prenuptial & Postnuptial Agreements?
These agreements generally lay out the specific terms and conditions related to financial matters as to the rights and obligations of each party upon “separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.”
These financial matters can include:
- Real property and assets.
- Earnings and income.
- Wills and trusts.
- Spousal support/alimony. (This includes if it will be granted along with its terms.)
- Life insurance.
- Inheritances for children from prior relationships.
They cannot include the matter of child custody or child support which must be handled according to Florida family law and approved by family court judges. However, you can get creative with these agreements, including terms as to timesharing for a pet, providing college tuition for children, or providing unique terms for alimony.
These agreements can be challenged in court if they are found to have violated such requirements as execution through fraud, misrepresentation, or deceit, or under coercion or duress. It is best to have each party separately represented by an attorney who can thoroughly review the terms and conditions of the agreement to ensure that it meets all legal standards.