Prenuptial Agreement

Family Law

Prenuptial Agreement

re: Prenuptial Agreements

Talking about finances before marriage isn’t always easy—but it’s one of the smartest, most respectful things a couple can do. A well-drafted prenuptial agreement (or “prenup”) helps protect your assets, clarify expectations, and prevent future conflict.

Whether you’re getting married for the first time or bringing significant assets, children, or business interests into a new relationship, we help you put a strong, legally sound plan in place.

What Is a Prenuptial Agreement?

A prenuptial agreement is a written contract entered into before marriage that outlines how certain financial matters will be handled during the marriage and in the event of divorce or death. In Florida, prenups are governed by the Florida Uniform Premarital Agreement Act.
Your prenup can address:

Division of property and debts
Rights to marital and non-marital assets
Alimony or spousal support
Inheritance and estate planning rights
Business interests and family trusts
Protection from the other spouse’s debts
And more—depending on your specific needs

Note: A prenup cannot decide child custody or child support in advance—those issues are determined based on the child’s best interests at the time of separation.

Who Needs a Prenup?

Prenuptial agreements aren’t just for the wealthy. You may want to consider one if:

You own a business or professional practice
You have significant savings, investments, or property
You have children from a previous relationship
You or your partner have substantial debt
You are receiving or expect to receive an inheritance
You want clarity and predictability in case the marriage ends

Think of a prenup as an insurance policy: you hope you’ll never need it, but you’re glad it’s there if you do.

Enforceability Matters

For a prenup to be enforceable in Florida, it must be:

Voluntarily signed by both parties without coercion
Fair and reasonable at the time of signing
Supported by full and honest financial disclosure
In writing and signed by both parties

We work closely with you to draft a customized agreement that reflects your goals and stands up to legal scrutiny.

We’re Here to Help You Start Strong

We help clients on both sides of a prenup—whether you’re the one requesting the agreement or being asked to sign. Our goal is to protect your rights, keep the process respectful, and ensure you walk into your marriage with security and peace of mind.

Ready to explore your options through mediation?

FAQ

Will asking for a prenup hurt my relationship?

Not necessarily. A prenup isn’t about expecting the worst—it’s about planning responsibly and communicating openly. Many couples find that discussing finances and expectations upfront actually strengthens their relationship and builds mutual trust.

Can I write my own prenup?

Technically, yes—but we strongly advise against it. Florida has specific legal requirements for enforceability. A poorly drafted prenup may be challenged or thrown out in court. It’s worth getting it done right with an experienced attorney.

What if my partner doesn’t want to sign a prenup?

A prenup must be voluntary. We can help you approach the conversation respectfully, answer questions, and ensure that both parties feel informed and comfortable. In many cases, it’s about education—not pressure.

Is a prenup still valid if we’ve been married for years?

If you’re already married, a postnuptial agreement might be an option. These are similar to prenups but signed during the marriage. They can address the same issues and offer similar protections.

Can a prenup cover future income or a business I haven’t started yet?

Yes—with careful drafting. We can include terms that protect future earnings, investments, or business ventures, especially if you have a clear vision or plan in place.

Family Law