My spouse's lawyer drafted a postnup: can a Florida lawyer review it for me?
Pazos Law Group, a family law firm in Coral Gables, reviews postnuptial agreements drafted by a spouse's lawyer, in English or Spanish.
Quick Answer
My spouse's lawyer drafted a postnup: can a Florida lawyer review it for me?
Yes. You can ask a separate Florida lawyer to review the draft for you before deciding whether to sign. Review should address the financial disclosure, the rights you would waive, fairness under Casto v. Casto, and any death-rights waiver under Florida Statutes § 732.702. You can also ask your lawyer to propose changes to the draft.
Pazos Law Group reviews postnups for one spouse, serving Miami-Dade, Broward and Palm Beach counties from its single Coral Gables office or by video, in English or Spanish: (305) 482-1262.
What a Separate Review Is For
Receiving a completed agreement can make the decision feel like a choice between signing immediately and rejecting the entire proposal. A review creates room to ask what the document actually says. Start by identifying your own priorities: keeping an inheritance separate, understanding a support waiver, preserving a share of property, or knowing what happens if your spouse dies.
The lawyer who drafted the document for your spouse is approaching it for that spouse. Ask a separate Florida lawyer to advise you about your own position. Separate advice is a practical recommendation, not a promise that every term will be enforceable. A draft can still raise disclosure or fairness concerns even when lawyers are involved.
Read the Financial Disclosure Alongside the Agreement
A review should connect each provision to the finances behind it. A statement that you know about your spouse’s assets is different from actually seeing the supporting records. Before acknowledging that disclosure is complete, identify missing schedules, unclear valuations, unexplained debt and interests described only in broad categories.
- Assets: account statements, real estate information, business ownership and any identified trust interests.
- Liabilities: mortgages, business borrowing and other debts mentioned in the schedules.
- Income: records that help explain earnings, distributions and the household’s financial arrangements.
- Open questions: the date of each valuation, the basis for an estimate and documents still to be supplied.
These are review materials, not a universal list of documents that every couple must produce. The point is to understand what is being exchanged or given up in this particular agreement. Ask how a provision operates with the actual assets, rather than relying on its heading.
Fairness and the Florida Casto Standard
A new Florida postnuptial agreement is reviewed under case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987), rather than the premarital agreement statute. Under Casto, grounds to set a postnup aside include fraud, deceit, duress, coercion, misrepresentation or overreaching. An unfair or unreasonable agreement coupled with a lack of full asset disclosure can also be challenged.
That makes both the terms and the signing process relevant. Tell your lawyer about deadlines, statements you do not understand and any pressure to sign. Ask what financial position the draft would leave you in and what information is needed to assess it. A review is an opportunity to address these issues before signing; it does not predict how a court would decide a later dispute.
Our Florida postnuptial agreement overview provides broader context for the agreement you have received.
Check What Each Waiver Reaches
Ask for a plain-language explanation of provisions addressing property, debts and spousal support. Identify whether the draft concerns existing assets, future transactions, income, or several of these together. A broad release deserves attention even when the asset schedule looks straightforward.
Review divorce provisions separately from provisions that apply at death. Under § 732.702, surviving-spouse rights such as the elective share, intestate share and homestead can be waived wholly or partly. The statute gives broad language waiving all rights consequences that may extend beyond one named asset. Your lawyer should examine the actual wording and any exceptions.
Section 732.702(2) states:
Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage.
Section 732.702(1) requires the waiving party’s signature in the presence of two subscribing witnesses for covered waivers signed by Florida residents. It also provides a separate rule for a nonresident’s waiver valid under the law where executed. Discuss residence and signing location before treating a signature or notarization as sufficient.
Can Your Lawyer Ask for Changes?
Yes. Review can lead to proposed revisions rather than a decision on the existing wording alone. You may want a narrower waiver, a clearer definition of an asset, corrected schedules or an explanation of what happens when property is sold and replaced. Your spouse may accept, reject or propose different language.
Prepare a short list separating terms you do not understand from terms you understand but want changed. Keep the latest draft and its attachments together, and ask for an explanation of changes between versions. Before signing, review the final document, not just an earlier draft or a summary of the negotiation.
Arranging Review in Miami and South Florida
Pazos Law Group’s only office is at 7225 Vistalmar Street, Coral Gables, Florida 33143. Review is available in English or Spanish for clients in Miami-Dade, Broward and Palm Beach counties, including by video. See our Miami postnuptial agreement page for local service information.
For the initial conversation, explain that your spouse’s lawyer prepared the draft, whether you have signed anything, and whether there is a proposed deadline. Ask how to provide the agreement and financial materials for review. Identify any earlier marital agreement so the lawyer can understand what the new document is intended to change.
Frequently Asked Questions
Should I sign before getting the schedules?
Ask for the missing schedules and review them with your lawyer before making acknowledgments about disclosure. The asset information and the proposed waivers should be considered together.
Does review mean I must agree to the postnup?
No. Review helps you understand the proposal and identify questions or revisions. It does not commit you to accepting your spouse’s draft.
Official Sources & Related Reading
- Florida Statutes § 732.702: waiver of spousal rights
- Casto v. Casto, 508 So. 2d 330 (Fla. 1987): Florida postnuptial agreement review.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.