Understanding Florida Prenuptial Agreements

A prenuptial agreement (or “prenup”) is a legally binding contract between two individuals before marriage, outlining how assets, debts, and financial matters will be handled during the marriage and in the event of divorce or death. At Wills & Probate Florida Law Group, we help couples draft fair, enforceable, and customized prenuptial agreements to protect their financial futures.

Why Consider a Prenuptial Agreement?

While discussing a prenup may not seem romantic, it provides clarity and security for both parties. A well-drafted prenuptial agreement can:

✔ Protect Pre-Marital Assets – Ensures that property, businesses, and investments acquired before marriage remain separate.

✔ Define Asset & Debt Division – Outlines how assets and liabilities will be distributed in case of divorce.✔ Safeguard Family Wealth & Inheritances – Protects family businesses, trusts, and estates from claims in a divorce.

✔ Clarify Spousal Support (Alimony) Terms – Establishes or waives alimony obligations to avoid disputes later.

✔ Protect Against Debt Liability – Prevents one spouse from being responsible for the other’s debts.

✔ Support Estate Planning Goals – Helps ensure assets pass to children from previous marriages or designated heirs.

Florida Prenuptial Agreement Requirements

To be legally enforceable in Florida, a prenuptial agreement must:

• Be in Writing & Signed – Both parties must voluntarily sign the agreement before the wedding.

• Be Entered Voluntarily – There must be no coercion, pressure, or fraud involved

• Include Full Financial Disclosure – Both parties must fully disclose their assets, income, and debts.

• Be Fair & Not Unconscionable – Courts may reject agreements that are extremely unfair or one-sided.

What Can & Cannot Be Included?

Allowed in a Prenuptial Agreement:

✔ Division of property, assets, and debts

✔ Spousal support (alimony) terms

✔ Protection of business interests

✔ Estate planning provisions

Not Allowed in a Prenuptial Agreement:

❌ Child custody or child support decisions (must be determined by the court in the child’s best interest)

❌ Unfair, deceptive, or fraudulent terms

Do You Need a Lawyer for a Prenup?

While Florida law does not require each party to have a lawyer, having legal representation ensures that the agreement is fair, enforceable, and tailored to your needs. Courts are more likely to uphold a prenup when both parties had separate legal counsel.

Protect Your Future with a Well-Drafted Prenup

Whether you want to protect your assets or simply clarify financial expectations, a prenuptial agreement can provide peace of mind. At Wills & Probate Florida Law Group, we assist with drafting, reviewing, and negotiating prenuptial agreements to ensure they meet Florida’s legal standards.

📞 Contact us today to schedule a consultation and create a prenuptial agreement that protects your interests and secures your future.

Click here to call us: (954) 990-0996