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If you`re getting married in Florida, you may want to consider creating a prenuptial agreement. Prenuptial agreements, or “prenups,” are legal documents that outline how a couple`s assets and debts will be divided in the event of a divorce. While it may not be a romantic topic to discuss, it can protect both parties in case the marriage ends.
Creating a prenuptial agreement in Florida is a straightforward process. Here`s what you need to know if you want to write your own.
1. Determine what you want to include in your prenup.
Before you start drafting your prenup, you need to decide what you want it to cover. Some common topics include:
– How assets will be divided in the event of a divorce
– How debts will be apportioned
– Whether alimony or spousal support will be paid and, if so, how much and for how long
– Whether each spouse will keep the assets they came into the marriage with
– How you plan to handle any property or assets you acquire during the marriage
– Whether you want to include provisions for estate planning, such as how property will pass to heirs in the event of a spouse`s death
2. Get a Florida prenuptial agreement form.
While you can write your own prenup from scratch, doing so can be time-consuming and complicated. Instead, you may want to use a prenuptial agreement form that has been prepared specifically for Florida. These forms typically include the legal language needed to ensure that your prenup will be valid and enforceable.
3. Fill out the form.
Once you have a prenuptial agreement form, you`ll need to fill it out. Be sure to include all the provisions you want in your prenup and to use clear, unambiguous language. It`s a good idea to have a lawyer review your prenup before you finalize it to ensure that it meets Florida`s legal requirements.
4. Sign and notarize the agreement.
Both you and your spouse must sign your prenuptial agreement. You`ll also need to have it notarized to make it official. Make sure you both understand the terms of the prenup before you sign it, and keep a copy of the agreement for your records.
While a prenuptial agreement may not be the most romantic thing to discuss before your wedding, it can provide peace of mind and protect both parties in case of divorce. If you`re considering a prenup, talk to your partner about your goals and expectations, and consider consulting with a lawyer to make sure your agreement is legally valid and enforceable. With the right preparation, a prenup can help you start your marriage on the right foot.