Guidelines to a Prenuptial Agreement

Getting married is more than joining two people in holy matrimony. A marriage is a legal transaction. Two people are agreeing to combine their property and income and live as a single married unit. The two people are forming a contract with each other. If the couple makes no other arrangements, that contract is defined by the laws of the state. 

A prenuptial agreement allows a couple to define their marriage instead of relying on state laws. If the marriage breaks up, the prenuptial agreement defines property division, alimony, and child custody/support issues. As long as the prenuptial agreement meets the laws of the state of Florida, the document protects both parties and allows for an easier dissolution of marriage. While not for men only prenuptial agreements are a good option for men who want to protect financial assets and parental roles.

What Is a Valid Prenuptial Agreement?

To be valid, the agreement must do the following:

  • Benefit both parties
  • Have a proper notary stamp and signature
  • Read and understood by both parties, who then sign it
  • Must be in writing, cannot be oral
  • Be validated by a legal recorded marriage

For men who have gone through a divorce before, or seen the effects of a divorce on a male family member or friend, the reality of divorce is quite stark. In many cases, when state law applies, men do not get physical custody of the children and find their financial status changes radically. When contemplating another marriage, it is important to put protections in place up front, to prevent that from reoccurring.

Have a Discussion

It is time for a frank discussion with your future spouse. You need to both be on-board with having a prenuptial agreement. Having this discussion upfront is easier than thrashing everything out during a divorce proceeding. It is much like getting a will made or putting a medical power of attorney in place. Because they do not focus on women only or men only prenuptial agreements protect financial assets and parental roles for both.

You can agree on a range of stipulations like:

  • Division of assets
  • Spousal support
  • Child support
  • Child custody
  • What happens if one or both commit adultery

Get an Attorney

Once you have a rough idea of what you want, each of you will need an attorney. To be fair, you need to have opposing attorneys to make sure the agreement is beneficial to both sides. Attorneys can help find other stipulations that will be of benefit to the client.

Each person in the couple needs to have a frank discussion with an attorney without the other in the room. That allows for full honesty and discussion about wants and desires, as well as legal rights and obligations. If the future spouses do not agree on parts of the agreement, negotiations may have to happen.

After reaching an agreement, two things must happen. You must sign the agreement in front of a notary. The law office can do that. The second item is to have a wedding. The agreement does not go into effect until a legal marriage is recorded in the courthouse.

If you are interested in a prenuptial agreement, you need to get a good family law attorney to help. While not for men only prenuptial agreements can protect the financial and parental future that men have in case of divorce. They should not be optional. Call us here at Kenny Leigh & Associates. We represent men only. We focus on family law only. Our goal is to protect you when it comes to family law, including helping write prenuptial agreements. We have offices in Jacksonville, Fleming Island, Gainesville, Daytona, and Boca Raton. Give us a call today.



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