Prenuptial & Postnuptial Agreements in Florida
Premarital and postnuptial agreements set the financial framework for a marriage and provide clarity in the event of divorce or death. Florida recognizes both, but each requires careful drafting to be enforceable. Pazos Law Group represents clients in Miami-Dade and surrounding counties on all aspects of premarital and postnuptial agreements.
Prenuptial and postnuptial agreements are written contracts between spouses (or those about to marry) that address property rights and financial matters during the marriage and in the event of divorce or death. Properly drafted agreements provide clarity and protect both parties’ expectations. Pazos Law Group drafts, reviews, and litigates premarital and postnuptial agreements throughout Miami-Dade and surrounding counties.
Prenuptial Agreements (Premarital Agreements)
A prenuptial agreement — sometimes called a “prenup” or premarital agreement — is a contract entered into before marriage that takes effect upon the wedding. Florida adopted the Uniform Premarital Agreement Act (UPAA), codified at Fla. Stat. § 61.079.
Requirements for Enforceability
To be enforceable, a Florida prenup must:
- Be in writing.
- Be signed by both parties.
- Be entered into voluntarily, without duress or coercion.
- Be entered into with fair financial disclosure (or with a valid waiver of disclosure).
- Not be unconscionable at the time of execution.
What a Prenup Can Address
- Classification of property as marital or non-marital.
- Division of property in the event of divorce or death.
- Spousal support (alimony) waivers, modifications, or limits.
- Treatment of business interests, professional practices, and inheritances.
- Choice of law and forum for resolving disputes.
What a Prenup Cannot Do
Florida law prohibits provisions in a premarital agreement that purport to limit or waive rights related to child support or to predetermine time-sharing or parental responsibility for unborn children. Those issues are decided based on the best interests of the child at the time the question arises.
Postnuptial Agreements
A postnuptial agreement is entered into after the marriage has begun. While Florida does not have a specific statute governing postnuptial agreements, courts apply general contract principles along with heightened scrutiny because spouses have a fiduciary duty to one another. The same elements — writing, signed voluntarily, with fair disclosure and absent unconscionability — apply.
Couples often consider postnuptial agreements when:
- One spouse receives a significant inheritance during the marriage.
- One spouse starts or acquires a business.
- The couple separates and reconciles, and wants to clarify expectations.
- Estate-planning considerations require clarification of marital and non-marital property.
Challenges to Prenups and Postnups
Premarital and postnuptial agreements are often challenged at the time of divorce. Common grounds for challenge include lack of voluntary execution (signed under duress or pressure too close to the wedding), inadequate financial disclosure, unconscionability, or fraud. Florida courts examine the totality of circumstances, including the timing of execution, the parties’ access to independent counsel, and the contents of the disclosures.
Best Practices for Enforceable Agreements
- Independent counsel. Each spouse should be represented by a separate attorney.
- Adequate time. Avoid signing prenups in the days immediately before the wedding. Several weeks of negotiation is typical.
- Full disclosure. Both spouses should provide complete written financial disclosures, attached as exhibits to the agreement.
- Substantive fairness. Highly one-sided provisions invite challenge later.
- Clear drafting. Define key terms, list assets specifically, and address foreseeable contingencies.
Why Agreements Matter
For high-net-worth individuals, business owners, professionals with significant earning potential, and those entering second marriages, premarital and postnuptial agreements provide a level of predictability that the default rules of equitable distribution cannot. They are particularly valuable when one or both spouses have children from prior relationships, family wealth, or complex business interests.
Frequently Asked Questions
Are prenuptial agreements enforceable in Florida?
Yes. Florida adopted the Uniform Premarital Agreement Act (Fla. Stat. § 61.079). To be enforceable, the agreement must be in writing, signed by both parties, entered into voluntarily, with fair financial disclosure (or a valid waiver), and not unconscionable at the time of execution.
Can a prenup waive alimony in Florida?
Yes, Florida prenuptial agreements can waive, limit, or modify spousal support (alimony), subject to the requirement that enforcement not leave one spouse eligible for public assistance and that the agreement was entered into voluntarily with adequate disclosure.
Can a prenup decide child custody or child support?
No. Florida law prohibits prenuptial agreements from waiving or limiting child support and from predetermining time-sharing or parental responsibility for children. Those issues are decided in the best interests of the child at the time the question arises.
How is a postnuptial agreement different from a prenup?
A prenuptial agreement is signed before the marriage; a postnuptial agreement is signed after the marriage has begun. Postnuptial agreements receive heightened scrutiny because spouses owe each other a fiduciary duty, but the same general requirements apply: writing, voluntary signing, fair disclosure, and absence of unconscionability.
How long before the wedding should a prenup be signed?
There is no statutory minimum, but courts look at the timing of execution as a factor in assessing voluntariness. Signing weeks before the wedding, after each party has had time to review with independent counsel, supports enforceability. Signing the day before the wedding can invite a challenge.
Do both spouses need their own lawyer for a prenup?
Florida law does not require independent counsel, but having separate attorneys for each spouse is the strongest indicator of voluntary, informed execution and substantially reduces the risk of a successful challenge later.
Speak with a Miami Family Law Attorney
Pazos Law Group represents clients in agreements matters in Miami-Dade and surrounding counties.
Schedule a Confidential ConsultationThe 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.