What an agreement can address
Florida prenuptial and postnuptial agreements can address ownership of property, division of assets in divorce, alimony, and estate rights.
Child support and time-sharing are treated differently because the court retains authority to decide what serves the child’s best interests.
Requirements for enforceability
An agreement should be in writing and signed by both parties. Courts may decline to enforce agreements obtained through fraud, duress, coercion, or overreaching, or that were unconscionable without adequate disclosure.
Fair and reasonable financial disclosure is one of the strongest protections for any marital agreement.
- Written and signed by both parties
- Full financial disclosure
- Adequate time to review
- Independent counsel for each party
- Clear, specific language
Timing and process
Presenting a prenup days before the wedding can create avoidable arguments about pressure. Starting months in advance gives both parties time to review and negotiate.
Postnuptial agreements can be useful after a major financial change, such as starting a business or receiving an inheritance.
Reviewing an existing agreement
If you already have an agreement and are considering divorce, a lawyer can evaluate how it applies to your current assets and whether any provisions may be challenged.
Bring the signed agreement and any disclosure documents exchanged at the time.