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hi I'm Malorie McClure Cordell and Cordell attorney here in our miami florida office today i'm going to take a brief moment to talk to you about prenuptial agreements and what they can and cannot address and resolve prior to a marriage taking place generally speaking a prenuptial agreement is intended to establish the rights and responsibilities of both parties if a marriage were to end in a divorce or dissolution there are many many many areas that a prenup can address and can end up saving you quite a bit of time and money and pain and and stress through the course of a divorce but there are also some things that a prenup simply cannot address and I want to explain to you the difference between those two those two categories of issues the things that a prenup can address are generally speaking any property rights any rights for alimony any rights for attorneys fees who's going to pay their own attorneys fees and really everything to do with equitable distribution the just distribution of what would be the marital estate or the property of the parties the things that prenuptial agreements cannot address generally revolve around children out that although there are a few exceptions to that but prenups simply cannot address what a time-sharing schedule will be in the event of a divorce who will have majority time sharing what parental responsibility will be parental responsibility being Florida's version of legal custody child support even cannot be addressed in a prenuptial agreement and the reason for this is very straightforward when we're talking about a dissolution of marriage the court as far as children are concerned has a very strong interest in making sure that the child's best interests are protected and it's very difficult for a court to you know I believe that that of two parties in contemplation of marriage know what is in the child who may not even have been born yet many many years ahead of time so for that reason the court does require that the child time sharing parental responsibility child support all of those issues are addressed at the time of dissolution cannot be addressed in a prenuptial agreement the other two categories of issues that cannot be addressed addressed in a prenuptial agreement are temporary support and what I mean by that is a prenup can certainly mandate that there will be no alimony paid from one spouse to the other after the divorce is finalized I cannot do away with is support while the divorce is pending the reason for this is that the courts still consider the parties to be married and consider parties to have a duty to support each other once the parties are no longer married they are free to decide amongst themselves what the alimony obligation will be as long as its reasonable and there's no duress on at the time of the entering into the prenuptial agreement but during that period of separation while the divorce is pending spousal support be waived and the other thing that goes along with that that cannot be waived while the divorce is pending is temporary attorneys fees so fees that are that are sought while the divorce is pending also cannot be waived in a prenuptial agreement everything else however generally speaking property inheritances any items you own before the marriage items you acquired during the marriage all of that can be addressed in a prenuptial agreement and can really streamline the process and say both parties a lot of grief in trouble at the end of a marriage again this has been Mallory McClure with cordell cordell in our miami florida office thank you for taking this time to discuss with me what can and cannot be addressed in a prenuptial agreement