Prenuptial agreements are often controversial for new couples. There are lots of myths surrounding ‘prenups,’ such as that these agreements are only for wealthy couples who need to protect their assets. Or that putting a prenuptial agreement in place will lead to a divorce. None of these myths are accurate; in fact, there are many reasons couples of all different income levels would want to create a prenuptial agreement. The Florida family law attorneys at HAWM Law can help you and your future spouse make an agreement that works for both of you and sets you up for a long and happy marriage.

#1 – You and your future spouse must disclose all of your assets.

There are certain requirements for prenuptial agreements to be considered legally valid. One such requirement is that you and your future spouse must disclose your assets and liabilities. This disclosure must be ‘full and fair’ to ensure that both parties understand what they are getting into with the prenuptial agreement.

#2 – A prenuptial agreement can include more than just the disposition of assets.

While the common assumption about prenuptial agreements is that they are to protect each party’s assets, these agreements can cover so much more. For example, it can include, but is not limited to:

• The establishment, modification, waiver, or elimination of spousal support;
• The making of a will, trust, or other arrangements to carry out the provisions of the agreement;
• The ownership rights in and disposition of the death benefit from a life insurance policy;
• The choice of law governing the construction of the agreement; and
• Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.