Florida Prenuptial Agreements

Create Clarity, Not Conflict

A Florida prenup isn’t about expecting divorce—it’s about creating a clear, respectful agreement that protects both partners from future uncertainty. Whether you’re marrying for the first time or entering a new marriage with assets or children to consider, a prenuptial agreement can provide peace of mind and transparency.

Why Consider a Prenup

Protection, Simplicity & Transparency

Prenuptial agreements offer engaged couples a chance to proactively define financial expectations before marriage. A well-crafted prenup can:

• Protect premarital assets, businesses, or inheritances
  
• Clarify financial responsibilities during the marriage
  
• Simplify potential property division if divorce occurs
  
• Help protect children from prior relationships
  
• Reduce the emotional and financial strain of future disputes
  

Discussing these topics openly—before the wedding—can strengthen your relationship by encouraging honest, practical planning.

What to Include in a Florida Prenup

Financial Terms, Support Clauses & More

A Florida prenup can cover a wide range of topics, including:

• Division of assets and debts in the event of divorce
  
• Designation of separate vs. marital property
  
• Terms regarding spousal support (amount, duration, waiver)
  
• Treatment of income earned during marriage
  
• Allocation of responsibility for specific debts
  
• Provisions for attorney’s fees
  
• Clauses about property or support upon death (sometimes overlapping with estate planning)
  

While some couples include lifestyle clauses (e.g., expectations around work, location, or behaviors), these are typically symbolic and not enforceable in court.

Timing and Fairness Matter

Make It Enforceable, Not Rushed

Courts will only uphold a prenuptial agreement if it meets key standards. That means:

• Both parties must fully disclose their assets and debts
  
• The agreement should be voluntary and signed well in advance of the wedding
  
• It cannot be shockingly unfair to one party, especially if they would be left destitute
  
• Both parties should have ample time to review and negotiate terms
  

Signing under pressure—right before the ceremony—is a common reason prenups are challenged later. The earlier the process begins, the better.

Legal Review for Both Parties

Independent Counsel Encouraged

Each partner should have their own lawyer review the agreement to ensure it’s fair and understood. Kathleen Davies can draft the agreement for one party, and, if needed, can coordinate with the other partner’s attorney to help finalize the terms respectfully.



This protects both parties and ensures the agreement is more likely to hold up if ever contested.

Can a Prenup Be Changed Later?

Postnuptial Options & Life Changes

Florida law allows prenups to be amended or revoked after marriage—this is known as a postnuptial agreement. If your financial situation changes or you simply wish to update your terms, the original prenup can be modified by mutual agreement.



Also note: A prenup does not replace the need for estate planning. Wills, trusts, and other documents should still be created to reflect your intentions fully.

Talk to a Florida Prenup Attorney

Thoughtful Planning for Your Future Together

Your prenuptial agreement should reflect your unique relationship—not a one-size-fits-all form. Whether you’re protecting a business, planning for children, or just want clarity going into marriage, we’ll help you create an agreement that is fair, clear, and enforceable.



Contact us to get started with a Florida prenup that gives you peace of mind before you say “I do.”