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What can I not put in a prenuptial agreement?

On Behalf of Rudolph & Associates LLC | May 5, 2023 | Divorce

A prenuptial agreement allows you and your partner to enter the marriage with set expectations about what will happen if the relationship ends. It also opens the door for financial discussions and revelations prior to marriage.

While you can include many provisions within a prenuptial agreement, there are some items that you cannot include according to Florida law.

Matters relating to children

The main point the law states you cannot put in a premarital agreement is anything concerning your children. You cannot dictate child support. You also cannot construct a parenting plan or eliminate parental rights. Your children are not property nor are they any type of asset. The law recognizes they are living human beings who deserve not to have their parents dictate their lives through an agreement before they are even born.

Illegal matters

You also cannot include anything within the agreement that is against the law. You cannot violate personal rights, either. This includes not following the law pertaining to the creation of the agreement. You cannot lie or force your partner to sign the document. You cannot hide information or try to trick your partner. These actions could void the whole agreement. It is also wise to be careful about making changes. Ensure that you follow all rules for creating an agreement when you make changes.

As long as you keep your premarital agreement focused on financial matters, you should not run into anything that a court might declare invalid. Focus on property division and income allocation to avoid anything disallowed under the law.

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