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Florida prenuptial agreements do not address child custody

On Behalf of | Feb 9, 2014 | Firm News |

Getting a divorce is like getting married; it provides new beginnings, but it also requires some legal work. Obtaining a marriage license and discussing prenuptial and postnuptial agreements can be an important aspect — not only when a couple gets married but also if the couple attempts to get a divorce. In Florida, a prenuptial agreement covers many issues, but it does not include anything about child custody. Understanding the ins and outs of a prenuptial agreement is important for both parties.

Broaching the subject of a prenuptial agreement with one’s future spouse may seem awkward at first. However, this agreement outlines the terms a couple has agreed on regarding how they will determine who gets what in the face of a divorce. It can address issues such as asset and debt division, any estates or business interests and the spousal support waiver if the couple does choose to get a divorce.

A prenuptial agreement may be of more importance to someone entering a second marriage — especially if he or she has children who need to be considered or if one has numerous assets. While these agreements can be great provisions for one’s financial and material possessions, they fail to include child custody arrangements. In the case of a divorce, a couple has to decide who will have primary custody, support payments and the overall arrangement that is best for the children.

A prenuptial agreement can provide for one’s children materially if someone is entering their second marriage. Otherwise, this contract does not make any provisions for the future children of a couple entering a marriage. A Florida couple preparing to get married should be aware of the various aspects of a prenuptial agreement, including its lack of child custody terms. When a couple does decide to get a divorce when children are involved, they will then have to work through the process of arranging child custody.

Source: The Huffington Post, Unpacking Prenuptial Agreements, Caroline Choi, Jan. 31, 2014

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