Palm Beach Gardens Postnuptial & Prenuptial Agreement Attorney
Quick Answer
Is a postnuptial agreement treated the same as a prenup in Florida?
No, and the difference matters. Florida adopted the Uniform Premarital Agreement Act at Fla. Stat. § 61.079, but by its own terms that statute governs agreements made in contemplation of marriage. A postnuptial agreement is signed by spouses who are already married, so it falls outside the statute entirely. Postnups are instead governed by Florida case law — principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Both instruments are enforceable in Florida, but they are tested under different standards, and an agreement drafted as though one set of rules applied to the other is where problems begin.
Palm Beach Gardens couples often come to a marital agreement later than they expected — after a business has grown, after a second home is purchased, after an inheritance arrives, or after a first marriage taught them what they wish had been settled in writing. Pazos Law Group drafts, reviews, and enforces both prenuptial and postnuptial agreements for clients in Palm Beach Gardens and throughout Palm Beach County, in English and Spanish.
Postnuptial Agreements in Palm Beach Gardens
A postnuptial agreement is a contract between spouses who are already married that sets out how property, debt, and support will be handled if the marriage ends. In a community like Palm Beach Gardens — where a meaningful share of household wealth sits in closely held businesses, professional practices, golf and club memberships, and second or seasonal residences — postnups are frequently the practical tool, because the couple is already past the wedding.
Because § 61.079 does not reach postnuptial agreements, the governing framework comes from case law. Under Casto v. Casto, 508 So. 2d 330 (Fla. 1987), a spouse challenging a marital agreement may generally proceed on two grounds: that the agreement was procured by fraud, deceit, duress, coercion, misrepresentation, or overreaching; or that the agreement is unfair or unreasonable given the parties’ circumstances, which can shift the burden to the defending spouse to show that there was either adequate disclosure or that the challenging spouse had general knowledge of the other’s finances.
The practical consequence is straightforward: disclosure carries more weight in a postnup than most people expect. Spouses already owe each other a relationship of trust, and a postnuptial agreement signed without a genuine exchange of financial information is the most common kind to be attacked later.
Why Palm Beach Gardens couples sign a postnuptial agreement
- A business grew during the marriage. Since July 1, 2024, § 61.075(6)(a)1.f. tells a Florida court how to value the marital interest in a closely held business, and treats enterprise goodwill as a marital asset. A postnup can fix that question by agreement instead of by expert testimony.
- An inheritance or family gift arrived. Inherited property is nonmarital under § 61.075(6)(b)2., but it can lose that character through commingling or through enhancement by marital effort under § 61.075(6)(a)1.b.
- A second or seasonal home was bought. Where marital funds pay down a mortgage on nonmarital real property, § 61.075(6)(a)1.c. makes both the principal paydown and a share of passive appreciation marital, using a coverture fraction the statute spells out.
- A prior marriage produced children. Couples in second marriages frequently want certainty about what passes to children from the first.
- The prenup never got signed. Plenty of couples intended one and ran out of time before the wedding.
Florida expressly permits spouses to contract around the default rules: § 61.075(6)(b)4. recognizes assets excluded from the marital estate “by valid written agreement of the parties.”
Prenuptial agreements for engaged Palm Beach Gardens couples
If you are not yet married, the prenuptial route is generally simpler, because the statute gives you a clear checklist. Under § 61.079(3), a Florida premarital agreement must be in writing and signed by both parties, and it is enforceable without any consideration other than the marriage itself. Notarization is not required by statute. The agreement takes effect upon marriage.
Under § 61.079(4)(a), a prenup may address the rights and obligations of each party in property, the right to buy, sell, or otherwise manage property, the disposition of property on separation or divorce, and it may establish, modify, waive, or eliminate spousal support. Under § 61.079(7), enforcement can be resisted where the agreement was not executed voluntarily, or where it was the product of fraud, duress, coercion, or overreaching, or where it was unconscionable when executed and there was no fair disclosure and no valid written waiver of disclosure.
One limit applies to both instruments: parents cannot contract away a child’s right to support. Child support is set under § 61.30 and time-sharing under § 61.13, and those determinations belong to the court.
How the process works
Most Palm Beach Gardens matters follow the same arc. We start with a confidential conversation about what you actually want protected. We then prepare a financial disclosure schedule — the single most important document in the file, and the one that determines whether the agreement survives a challenge years later. We draft, your spouse or fiancé(e) reviews with their own counsel, and the agreement is revised until both sides are comfortable signing it voluntarily.
We also review agreements that someone else prepared. If a document has been put in front of you and you are unsure what you are giving up, that review is worth having before you sign, not after.
Bilingual representation
Pazos Law Group works in English and Spanish. In agreements where one spouse is more comfortable in Spanish, we make sure that person understands the document in their own language before signing — which matters both practically and, if the agreement is later challenged as involuntary, evidentially.
Our office is in Coral Gables and we represent clients throughout Palm Beach County, including Palm Beach Gardens, Jupiter, Palm Beach, and Wellington.
Frequently Asked Questions
Are postnuptial agreements legal in Florida?
Yes. Florida enforces postnuptial agreements, but not under the premarital agreement statute. Fla. Stat. § 61.079 governs agreements made in contemplation of marriage, so it does not apply to spouses who are already married. Postnuptial agreements are governed by Florida case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987).
What makes a Palm Beach Gardens postnuptial agreement hard to challenge?
Under Casto v. Casto, an agreement may be attacked as the product of fraud, deceit, duress, coercion, misrepresentation, or overreaching, or as unfair or unreasonable in light of the parties’ circumstances. Meaningful financial disclosure, independent counsel for each spouse, and unhurried signing are the practical safeguards.
Can a postnuptial agreement waive alimony in Florida?
Spouses commonly address spousal support by agreement. For premarital agreements, Fla. Stat. § 61.079(4)(a) expressly permits the parties to establish, modify, waive, or eliminate spousal support. Postnuptial agreements are evaluated under case law rather than that statute, so how a support provision is drafted and disclosed matters a great deal.
Does a Florida prenup or postnup have to be notarized?
For premarital agreements, no. Fla. Stat. § 61.079(3) requires only that the agreement be in writing and signed by both parties, and it is enforceable without consideration other than the marriage. Many attorneys still notarize as a best practice to help authenticate signatures.
Can we decide child support or custody in the agreement?
No. Child support is determined under Fla. Stat. § 61.30 and time-sharing under Fla. Stat. § 61.13 based on the child’s best interests. Parents cannot contract away a child’s right to support, and a court is not bound by an agreement purporting to do so.
Do both spouses need their own lawyer?
It is not required by statute, but it is strongly advisable. Independent representation for each spouse is among the strongest available answers to a later claim that the agreement was signed involuntarily or was the product of overreaching.
Related Pages
- Florida Postnuptial Agreement Attorney
- Florida Prenuptial Agreement Attorney
- Jupiter Prenup & Postnuptial Agreement Attorney
- Palm Beach Prenup & Postnuptial Agreement Attorney
- Wellington Prenup & Postnuptial Agreement Attorney
- Florida Prenup FAQ
Speak With a Palm Beach Gardens Marital Agreement Attorney
Tell us about your situation and Nadia Pazos will follow up personally — confidential, bilingual EN/ES. Prefer to call? (305) 482-1262.
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The information on this page is for general informational purposes only and does not constitute legal advice. Outcomes depend on the specific facts and circumstances of each case, and no particular result is guaranteed. Reading or sharing this content, or using this website, 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.