Can A Pre Nuptial Agreement Have “Kid Provisions”?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pre nuptial agreements usually have provisions that cover what happens if the parties divorce, or one of the spouses dies.  These agreements only go into effect from the date of the wedding.  These agreements MUST be in writing,  negotiated and executed by the parties at least 30 days in advance of the wedding to assure enforceability and withstand challenges.

Pre nuptial agreements can state things like what happens if one of the parties pays for household furniture, a big screen TV, purchases a vacation home, earns a substantial amount of money from a job or investment, etc.  Most pre nuptial agreement terms deal with property acquisition or sale, incomes, assets, and the like.  They can also have provisions such as no smoking indoors, sex only once a week,  you must wear a tie after 6pm on Saturday nights and other demands, as long as the parties agree and as long as there is penalty for breach of the agreement.

What a pre nuptial agreement cannot do is govern children.  Pre nups cannot state who will get custody if the parties divorce, how much child support the husband shall pay to the wife, or vice versa, what a visitation schedule will be, where the child shall live, go to school,  and things like that.  Anything to do with children must be decided at the correct time and in the best interests of the child.  Kid provisions are always modifiable according to the child’s needs at the time.  The parties can agree or the court will set the best interests standard.  However, a pre nuptial cannot state the terms of child rearing and be enforceable.  If you are getting married in Palm Beach County, Florida, call one of the family law attorneys at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

The importance of video taping the signing of the pre nuptial agreement.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pre nuptial agreements plan for the future…the future of the spouse with the assets, AND the future of the spouse with less assets.

It is a legal, enforceable contract between two people who are getting married.  It sets forth terms of the marriage, terms of any potential divorce, and terms should one or the other spouse die.  However, it is important to remember that even though a pre nuptial agreement may have death provisions for the surviving spouse, it is not a testamentary document.  It must be accompanied by testamentary documents such as a will or a trust.

So why video tape the actual signing of the pre nup?  For protection against the various reasons a pre nuptial agreement can be declared invalid down the road.  

Here are the obvious reasons for taping the signing of the pro nuptial agreement:

1.  If there is a difference in nationality between the future husband and the wife, to be certain there is no language barriers and that the parties fully understand what the agreement says and what they are agreeing to.

2.  To avoid any misunderstandings or misinterpretations of what the agreement says.  For clarity purposes.

3.  To be certain both parties are agreeing voluntarily and without pressure from the other. 

4.  To be certain there if full disclosure of finances.

5.  To avoid fraudulent behavior, information or facts.

6.  To prevent duress, over reaching, or egregious claims years later.

By both the verbal and non verbal clues on the video tape, the prenuptial agreement becomes more enforceable should there be a future challenge by either party.  To find out more about prenuptial agreements, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling 561-835-9091.