A Florida prenuptial agreement sample that meets the requirements of a couple in the South may not adequately handle the needs of a couple on the East coast. The truth is all premarital contracts will differ based on the circumstances involving you and your partner, as well as the laws in your state.
State specific prenuptial agreement forms will help you get on the right track to fill out the proper paperwork that will be deemed accepted by your state’s laws. Florida’s prenuptial agreement form is similar in many ways to the forms found in other states with the exception of some of the wording found in each may be slightly different. You’ll have to pay attention to this as well as start serious discussions with your spouse-to-be on how assets and debts, amongst other holdings, will be divided.
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This is a good example of a complete and comprehensive prenuptial agreement sample used as a template across the 50 states. The goal of this sample is to provide you with financial information that will be requested of you when it comes time to get deep into the prenup process.
The reality is, however, a prenuptial agreement sample for Florida will only give you guidance on what you will eventually complete together. The real busy work is within the tough details you must discuss with your spouse-to-be. Once you are able to collectively decide how your assets will be divided, you will only have to go through the legalities to make the contract binding.
What Should be Determined Prior to Engaging in a Florida Prenup
The details to iron out are as follows:
1) Detailing Your Pre-Marital Assets and Debts – this consists of the assets or debts you’ve accumulated and plan to bring into the marriage (house, savings, real estate, gifts, possessions, student loan, mortgage payment, etc). Prenuptial agreements mandate that you provide full disclosure of all assets and debts to your partner so you need to generate this list no matter what. As you develop this list, you’ll want to start determining whether you want these pre-marital gains (or losses) to remain in your possession upon divorce or divided fairly amongst the two of you.
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Many times individuals have a strong affinity towards certain belongings they’ve brought into a relationship and want to make sure to keep them if a divorce were to take place. But there is no hard and fast rule; prenups can divide pre-marital possessions in any method you choose, provided it’s not unfair and is agreed upon in writing by the other partner.
2) Detailing Your Marital Assets and Debts – this zeroes in on the collective assets and debt you’ll accumulate throughout your marriage. Many times this includes a serious discussion about finances in general and each other’s views are on saving and spending. Money is a touchy subject for some and not all couples have the same financial beliefs. There will need to be some compromise to come up with a way in which both of you are comfortable with the how the finances will be handled.
Will you continue to have your own savings or checking accounts or will they be combined into one “pot”? Upon divorce, how will jointly earned money be divided in the way that is deemed fair?
Other things to think about:
- How will decisions on big purchases be made
- Who will handle he checkbook and payment of household bills
- How will payoff of debt be handled
- Will you both contribute to retirement savings and how will this be divided if divorce were to occur.
- How will a business you’ve bought together be split, or similarly, an expensive gift, purchase, or inheritance
- Estate planning issues such as children from a previous marriage
- What the surviving spouse will receive in estate plans or insurance policies
Prenuptial agreement samples in Florida will prompt you for answers to these sections, but you must be fully prepared in advance with both a full financial disclosure that represents your holdings. This will help you come to an agreement between you and your spouse about the future distribution of assets and debt in the event of divorce.
3) Career and Education - prior to walking down the aisle, you’ll want to discuss the your career motives and the addition of children to the family. Discussions regarding further education and how this feeds into the other partner taking on the lion’s share of the earning while the other is in school should also be on the table. Early discussions about this during courtship will lead to a better understanding of your spouse’s role in the marriage.
Questions to consider:
- Is one spouse anticipating a high pay increase in a certain number of years through their job that will want to be protected in the event of divorce or shared naturally with their spouse?
- Will one spouse quit work in order to stay home with the children?
- If so, how will this spouse be affected by the advancements in the marketplace? Will the other party compensate for this by including spousal support in the prenuptial agreement?
- If one spouse chooses to return to school, how will the cost of tuition and the need for one spouse to carry the income for an amount of time come into play?
- How will student loans be repaid, and how will these loans be divided if divorce were to occur down the road?
4) Spousal Support and Alimony - Many times partners will agree upon a certain amount of spousal support paid to one party based on concessions that party made in the relationship, such as raising a child or being a stay-at-home mother and forgoing the chance to pursue work. Alimony payments have every right to be included in a premarital agreement and are usually construed upon many factors that will occur during marriage, and may also have an end date to the payments within the agreement.
Each of you will want to get on the same page about the expectations surrounding marriage and work. One spouse will be none too happy to do the majority of the earning for a partner who is not actively looking for work even though they have the ability to do so.
Here are some of the basic elements of what a prenuptial agreement in Florida will include. The common theme is spending an adequate amount of time discussing the entries posed above prior to obtaining a prenuptial agreement form or meeting with an attorney as they will tell you the same things. Sample premarital contracts do not handle the tedious parts for you; instead they act as a helpful tool to understand what is going to be asked of you and your spouse from a financial perspective as you start the prenuptial agreement process.