Legal Question in Family Law in Florida
I would like for my daughter to prepare a prenuptial agreement covering pending debts of both parties., where liability for such debts rests solely on the party that incurred in debt, relieving the other party from any liability. Both parties enter the marriage with the debts they have pending as their veruy own, not allowing creditors to pursue either party.
1 Answer from Attorneys
As a general rule, if a liability is brought into a marriage it remains solely the liability of the party who brings it. In otherwords, if the wife has $10,000 in credit card debt before she gets married, the debt remains hers in a divorce. A prenuptial is always a good idea, though, and there is nothing wrong with a prenuptial that says that each party will keep their own premarital debts (or even marital debts) upon divorce. However, creditors are going to go after the person whose name is on the debt, and a prenuptial agreement between spouses has no effect on who creditors go after. Creditors don't sign the prenuptial, so they can ignore it. A marriage alone doesn't make a spouse responsible for the other spouse's debt, though.