Family Law · Prenuptial Agreement
The Benefits of Prenuptial Agreements
Prenuptial and postnuptial agreements are powerful tools to protect assets if a divorce ever happens. The earlier you draft one, the stronger it stands up in court.
Prenuptial and postnuptial agreements are effective tools to protect assets in the event of a divorce. A prenup can address issues involving property division (including the division of assets and debts) and clarify what stays separate and what becomes marital property. If you have considered a prenuptial agreement, the next step is to talk with the lawyers at The Law Offices of Patrick L. Cordero.
When a Prenup Makes the Most Sense
A premarital or prenuptial agreement can be crafted to meet your individual needs. Prenups are particularly beneficial for people who are entering into a second marriage and want to protect separate property, who have children from previous marriages, or who have significant inheritances, business interests, or other substantial assets.
When we work with clients, we take a hands-on approach: we discuss the benefits of a prenuptial agreement, the things to consider when drafting one, and the issues that cannot be covered (such as child support amounts). Our goal is an agreement that effectively protects your interests and will hold up if challenged.
What a Florida Prenup Can and Cannot Cover
Prenuptial agreements in Florida are governed by the Uniform Premarital Agreement Act, section 61.079 of the Florida Statutes. The agreement must be in writing and signed by both parties, and it takes effect when you marry. Within those rules, a prenup can address:
- Each spouse's rights in property, whenever and wherever it is acquired, and what will be treated as separate or marital property
- How assets and debts will be divided if the marriage ends in divorce or at death
- The modification or waiver of alimony
- Rights in each other's estate, including the making of wills and trusts and the ownership of life insurance death benefits
- What it cannot do: a prenup cannot adversely affect a child's right to support, and decisions about parenting and time-sharing are made by the court based on the child's best interests when the time comes.
Making Sure Your Prenup Holds Up in Court
A Florida court can refuse to enforce a prenup if the spouse challenging it proves it was not signed voluntarily, or that it was the product of fraud, duress, coercion, or overreaching. It can also be set aside if it was unconscionable when signed and the challenging spouse did not receive fair and reasonable financial disclosure, did not waive that disclosure in writing, and did not otherwise have adequate knowledge of the other's finances. The best protection is careful preparation:
- Full financial disclosure. Each of you should share a complete picture of your assets, debts, and income, ideally attached to the agreement.
- Separate attorneys. Florida law does not require it, but having your own lawyer helps show that each of you understood what you signed and signed it freely.
- Time before the wedding. Florida sets no deadline, but an agreement presented days before the ceremony invites claims of pressure. When you can, start the process months ahead.
- Reasonable terms. One-sided terms are not automatically invalid, but they draw closer scrutiny, especially when disclosure was incomplete.
- Two witnesses for estate waivers. If the agreement waives rights in the other spouse's estate, such as the elective share or homestead rights, Florida's probate code requires the waiving spouse to sign it in front of two subscribing witnesses.
- Changes in writing. After the wedding, a prenup can be amended or revoked only by a written agreement signed by both spouses.
Postnuptial Agreements
If you're already married, a postnuptial agreement can serve a similar role: protecting separate property, addressing inheritances, or restructuring expectations after a major change in finances or family circumstances. We draft and review both.
Common Questions
Florida Prenuptial Agreement Questions, Answered
Are prenuptial agreements enforceable in Florida?
Yes. Under Florida's Uniform Premarital Agreement Act, a prenup that is in writing and signed by both parties is generally enforceable. A court can refuse to enforce it if it was signed involuntarily, was the product of fraud, duress, coercion, or overreaching, or was unconscionable when signed and the challenging spouse lacked fair financial disclosure and did not waive it.
Can a prenup waive alimony in Florida?
Yes. Florida's premarital agreement statute allows a prenup to modify or eliminate alimony. Because a waiver can have major financial consequences, courts look closely at whether it was signed voluntarily and with fair financial disclosure, so careful drafting and independent advice matter.
Can a prenup decide child support or custody?
No. A prenuptial agreement cannot adversely affect a child's right to support. Parenting and time-sharing decisions are made by the court based on the child's best interests at the time of the divorce, so a prenup cannot lock them in.
Do we both need our own lawyers for a prenup in Florida?
Florida law does not require it, but it is strongly recommended. When each spouse has independent counsel, it is much harder to argue later that the agreement was signed without understanding or under pressure. Our firm can represent one of you, and the other should have a separate attorney.
How far before the wedding should we sign a prenup?
Florida does not set a deadline, and an agreement signed before the ceremony becomes effective upon marriage. Still, a prenup presented at the last minute invites claims of duress or coercion. Starting the process several months before the wedding gives both of you time to review the disclosures and negotiate.
Do I have to disclose all my finances for a prenup?
Full disclosure is the safest course. A prenup can be set aside if it was unconscionable when signed and the challenging spouse did not receive fair and reasonable disclosure of the other's property and debts, did not waive disclosure in writing, and did not otherwise have adequate knowledge of them. Attaching a detailed financial summary to the agreement is a common best practice.
Can we change a prenup, or sign an agreement after we are married?
Yes. After the wedding, a prenup can be amended or revoked only by a written agreement signed by both spouses. Couples who never signed a prenup can consider a postnuptial agreement, which Florida courts review closely for fairness and full disclosure.
Schedule Your First Meeting
There is no charge for the first consultation. Contact us to schedule a meeting in person or online. We are located in Miami and handle cases throughout South Florida.
Related Practice Areas