Law Offices of Barry I. Finkel, P.A.
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Is there anything I can't add to the prenup?

We have talked a lot about the benefits of having a prenuptial agreement written up when two people in Florida plan to marry. It can be extremely helpful in case the marriage breaks down. It basically allows you and your spouse to outline how you want your property to be distributed instead of having a court decide for you.

While there are numerous things that can be added to a prenuptial agreement, there are definitely some things that cannot be. For example, anything having to do with child support or child custody cannot be in the agreement. The court will calculate child support and rule in such a way that is in the best interests of the child.

You also cannot detail anything illegal in the prenuptial agreement. If something like that is included, it could put the whole prenuptial agreement at risk of being set aside.

The court also looks down on any language in the prenuptial agreement that encourages divorce. Basically, if the prenup details any financial incentives for divorcing, the court might set it aside.

Depending on the state, there are also rules against waiving your right to alimony. Some states have strict rules against it while others look down on it and limit the ability to do so.

Finally, while some people may want to put personal matters into the prenuptial agreement, it could cause a judge to set those issues aside. These would be issues such as details regarding child rearing, where the family will spend holidays and who is responsible for chores.

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