Prenup & Postnup


PRENUPTIAL AND POSTNUPTIAL


A man and a woman are sitting next to each other on a couch and smiling.


Choosing a prenuptial agreement is a wise and forward-thinking step for couples who are planning to marry. This legal document proactively addresses the division of assets in the event of a separation or the death of a spouse, thus preserving assets, future income, and established inheritance plans for family members.


In contrast, postnuptial agreements come into play once the marital journey has commenced. Such agreements serve as a valuable tool for couples experiencing financial concerns or seeking additional protection for their assets. By mutually agreeing to a postnuptial agreement, spouses can dispel uncertainties regarding their economic well-being. Similar to prenuptial agreements, postnuptials provide a predefined strategy for the division of assets in a divorce, promoting autonomy and financial independence for both parties.


Addressing these sensitive issues calmly and with clear heads can significantly reduce future strife, avoid unpredictability, and shorten legal proceedings.

Frequently Asked Questions

  • What terms can I negotiate in a prenuptial or postnuptial agreement?

    In the State of Florida, residents are free to contract, if it is not for anything illegal or against public policy.  Therefore, it’s easier to discuss what terms you cannot talk about in a prenuptial or postnuptial agreement.  You cannot negotiate terms of payment for sexual activities, even if you are married.  You cannot negotiate terms requiring that either party does something illegal, and you cannot negotiate terms for child support or a parenting plan in a prenuptial or postnuptial agreement.  Everything else is free game.

  • Can a party's actions invalidate a prenuptial or postnuptial agreement?

    Absolutely! An agreement can be invalidated if a party was not truthful or failed to fully disclose material information, was forced to sign the agreement, was unduly pressured to sign the agreement, or if the agreement was patently unfair to either party.

  • Will the courts uphold prenuptial and postnuptial agreements?

    If the agreements have been found to be valid, a Court will uphold the agreement - even if all the terms within the agreement are no enforceable or if some of the terms must be severed from the agreement.  A valid agreement should be properly and skillfully drafted by a knowledgeable Family Law Attorney and executed with the right formalities.
Share by: