A prenuptial agreement protects couples, their interests, and their assets in the event of a divorce. The provisions of the contract, which would be enacted if either spouse chose to dissolve the marriage, include predetermined rules about the preservation of pre-marital property, qualification for and division of marital property, and the amount and duration of spousal support. In addition, a prenuptial agreement can include provisions regarding estate rights and even penalties for infidelity or actions seen as contributing factors in the divorce regardless of whether the parties will be living in a state which adopts a fault or no-fault based system.
Divorce law delineates the allocations of assets from a marriage. A prenuptial agreement customizes the outcome of a divorce; it may also include provisions for children, including educational funding and ongoing support. In Florida and other states, however, custodial and child support provisions of a prenuptial agreement are never per se binding and will be subject to the province of the court. These contracts often minimize the duration of divorce proceedings because many terms of the separation are already established, saving both parties time and aggravation in what is usually an emotionally charged time.
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