Thursday, January 18, 2007

What Can't Be Waived In a Prenuptial Agreement

More and more couples are entering into Premarital Agreements in order to protect their financial interests prior to marriage. These types of agreements are valid and recognized throughout the country, but there is still much debate as to what can be contained in a Prenuptial Agreement. People are putting everything into their agreements from waiver of intestacy rights to agreements about what religion a couple will be raising their children. In Florida, it is important to recognize what type of things cannot be waived.

  1. Temporary Support Obligations, including attorneys' fees for dissolution proceedings (See, Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972).
  2. Child support, child custody and visitation. (See, Ervin v. Chason, 750 So.2d 148 (Fla. 1st DCA 2000). Generally speaking, the Court gets the final say in what is in the best interests of the children.
  3. Certain waivers to pension benefits due to ERISA requirements. (See, Hurtwitz v. Sher, 982 F.2d 778 (2d Cir. (S.D.N.Y.) (1992).

Regardless of what it is a party is waiving in a Prenuptial Agreement, that waiver must be clear and concise in order to avoid any potential validity problems in the future.

For more information on Prenuptial Agreements See:

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