Some couples preparing for marriage in Florida choose to sign prenuptial agreements. Perhaps one spouse has witnessed or personally experienced a particularly challenging divorce. Maybe one of the spouses has particularly valuable property that they want to protect. People might want to designate a home that they already own or a business that they run as separate property.
Whatever the motivation behind a prenuptial agreement, the goal of the documents will be to provide clarity about property division and other terms should the couple divorce. Unfortunately, some people make mistakes when drafting prenuptial agreements that might affect whether or not their documents will actually hold up in family court if they divorce in the future. The following are some of the most common mistakes people make when negotiating a prenuptial agreement.
Using digital document templates
Many modern adults love do-it-yourself (DIY) solutions, but DIY legal documents are a gamble at best. Someone who downloads a prenuptial document from the internet to sign with their fiancé might sign paperwork that does not comply with Florida law. They could very well end up with a contract that isn’t even worth the paper they printed it on before signing it.
Setting unconscionable terms
Sometimes, only one fiancé feels strongly about the prenuptial agreement. They might request the document and might therefore essentially dictate the terms included within it. It is typically necessary for a prenuptial agreement to include beneficial terms for both parties or it may become unconscionable. Additionally, it is usually advisable for both spouses to have their own lawyers involved in the negotiation and review of the document to prevent challenges later.
Including inappropriate provisions
Including terms that the courts cannot or will not enforce can complicate divorce proceedings by setting unattainable expectations and possibly providing grounds for a challenge against the documents. Prenuptial agreements typically cannot set child custody terms. They are not a place for one spouse to preemptively forgo child support on behalf of their children. Additionally, many people demand terms that are personal and unenforceable. Provisions about someone’s weight or appearance would be a prime example.
Mistakes made when creating prenuptial agreements may render the documents less useful in the event of marital conflict. Avoiding some of the most common mistakes people make with prenuptial agreements may help engaged couples include thoughtful provisions in their paperwork after seeking legal guidance and considering all of their options.