Prenuptial & Postnuptial Agreements – Protect Your Future

Legal Planning for Your Marriage and Peace of Mind

Whether you’re planning a wedding or reassessing your finances during marriage, a marital agreement can bring clarity and security. We help you create or review legally enforceable prenups and postnups tailored to your goals.

Why Consider a Marital Agreement

It’s About Protection, Not Distrust

Prenuptial and postnuptial agreements give couples the ability to set clear expectations around money, assets, and responsibilities—before conflict arises. While these contracts are often associated with high-net-worth individuals, they’re increasingly used by everyday people who want to avoid surprises later on.



A marital agreement can help protect business interests, preserve family inheritances, support children from previous relationships, and reduce the emotional and financial toll of a potential divorce. These agreements aren’t just legal tools—they’re acts of mutual respect that make your relationship stronger, not weaker.

What These Agreements Can Cover

Define Property, Debts, and Spousal Support Ahead of Time

Prenups and postnups commonly address:

  • Asset Division: Who owns what before and during the marriage, and how it will be split if you divorce.
  • Debt Allocation: Agreement on who is responsible for existing or future debts, such as credit cards, student loans, or business liabilities.
  • Spousal Support (Alimony): Whether either party will pay or waive alimony, and under what conditions.
  • Business Interests: Protections for ownership and income of a business or professional practice.
  • Estate Planning Support: Coordination with wills or trusts to protect children from prior marriages or honor existing inheritance plans.

What you can’t include: Florida courts will not enforce terms that pre-decide child custody or child support. These issues must be decided based on the child’s best interest at the time of separation.

Prenup vs. Postnup – What’s the Difference?

Timing Matters, But the Goals Are the Same

Prenuptial agreements are signed before the wedding and take effect once the marriage is legal. Postnuptial agreements are created after the marriage is already in place. Both serve the same purpose—setting terms in case of divorce or death—but are used at different life stages.


Postnups can be helpful when financial circumstances change during marriage, such as receiving a large inheritance, selling a business, or addressing marital conflict with the intent to reconcile. Whether before or after the wedding, these agreements offer couples a chance to protect each other and plan together.

Enforceability in Florida

What Makes a Prenup or Postnup Legally Binding

For a marital agreement to hold up in Florida courts, several legal standards must be met. If these aren’t followed, the contract could be thrown out.

To be enforceable, a prenup or postnup must:

  • Be in writing and signed by both spouses
  • Be entered into voluntarily, without pressure or coercion
  • Include fair financial disclosure by both parties, or a clear waiver of further disclosure
  • Be understood by both parties—ideally with separate legal counsel for each

While it’s not legally required for both spouses to have their own attorney, doing so strengthens the agreement against future challenges. Our firm can only represent one party but strongly encourages independent review by the other.

Our Approach to Prenups & Postnups

Honest Conversations, Strong Agreements

We understand that discussing prenups or postnups can feel uncomfortable—but it doesn’t have to be. At The Davies Law Firm, we bring warmth and clarity to the process, helping you and your partner build an agreement that’s practical, fair, and forward-thinking.



Whether you need a brand-new agreement drafted or want a review of one presented to you, we make sure it reflects your needs and complies with Florida law. Attorney Kathleen Davies brings more than 35 years of legal experience—including skilled negotiation—to help you protect your future while preserving your relationship today.

Married couple holding hands, man in tan pants and brown shoes, woman in white dress.
Watercolor illustration of green parsley sprig.

Frequently Asked Questions

Answers to Common Concerns About Marital Agreements

  • How far in advance should a prenup be signed?

    Ideally, a prenuptial agreement should be signed at least several weeks before the wedding. Signing too close to the ceremony—especially within a few days—can raise red flags about coercion or lack of preparation. The earlier you begin the process, the smoother it will be for everyone involved.

  • Can a prenup be invalidated in court?

    Yes, a prenup can be set aside if it was signed under duress, lacked full disclosure, was grossly unfair at the time it was signed, or violates public policy. That’s why it’s essential to follow best practices—including proper financial disclosures and independent legal advice—to ensure enforceability.

  • Is it too late to get a marital agreement after we’re married?

    Not at all. A postnuptial agreement can be created at any point during the marriage. Couples often use them after financial events like a windfall or business sale, or when they want to resolve concerns without ending the marriage. As long as both spouses agree and follow legal requirements, a postnup is valid.

  • Can we use one lawyer for both of us?

    Technically, yes—but it’s not recommended. One attorney cannot give legal advice to both parties without a conflict of interest. The best approach is for each party to have their own lawyer review the document before signing to avoid claims of unfairness or confusion later.

  • Can a prenup include custody or child support terms?

    No. In Florida, courts won’t enforce any agreement that attempts to predetermine child custody or child support. These issues are always decided based on the child’s best interest at the time of divorce, not in advance.