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What can I include in my prenuptial agreement?

When a Florida couple is planning to marry, the last thing that they want to think about is the possibility of the marriage ending in divorce one day. For this reason, many couples do not consider how they can protect their future financial interests. One of the easiest ways to do this is with a prenuptial agreement.

A prenup is something you may associate with the rich and famous, but in reality, it is something that can benefit individuals from all backgrounds and income levels. By having this document, you can avoid complications and eliminate the need for litigation in the event of a divorce.

What should I include in my estate plan?

There is no cookie-cutter prenuptial agreement, which means that you can include elements in your agreement that are important to you and suited to your unique objectives. Depending on your situation, you may wish to include the following in your prenuptial agreement:

  • Provisions for division of marital debt and separate debt accumulated before the marriage
  • Support for kids from a previous relationship
  • Protection for certain family property and how to keep it in the family
  • Outline of property division upon divorce
  • Details of the financial responsibilities that each spouse will have during the marriage
  • Provisions for division of retirement benefits and long-term savings accounts

While it may seem like an unpleasant task to consider what will happen in case of a divorce, drafting a prenuptial agreement can actually spur important conversations between two people who are about to marry concerning complex issues regarding finances, debt and spending habits.

No one gets married assuming it will eventually end in divorce, and that is not the intent of a prenuptial agreement. A prenup simply helps a couple outline their goals and desires in case of unforeseen problems in the future, helping save time, money and a significant amount of stress.

Protecting your financial future

There are certain things that you may not include in your prenuptial agreement. For example, you cannot make decisions and outline instructions for issues related to child custody, alimony and child support. However, one of the most significant benefits of having a prenuptial agreement is your ability to outline your wishes and goals for property division.

If you are considering a prenuptial agreement, you will find it beneficial to seek a complete explanation of your options and your rights as you prepare this document. A small effort now can help you avoid significant complications in the future.

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Busciglio & Sheridan Law Group
3725 North Boulevard
Tampa, FL 33603

Phone: 813-302-1265
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