Florida Prenuptial Agreement Lawyer

A premarital agreement signed in Florida must be in writing and signed by both of you, and it takes effect when you marry (section 61.079). Whether it would be enforced depends on how it was made: whether both of you signed voluntarily, whether there was any fraud, duress, coercion or overreaching, and whether each of you had fair disclosure of the other's finances or knowledge of them. The terms also matter, because some subjects, like child support, cannot be decided in advance. We can review your agreement in a free consultation.

Yes, but only on specific grounds. Under section 61.079, the spouse challenging the agreement has to prove that they did not sign voluntarily, that it was the product of fraud, duress, coercion or overreaching, or that it was unconscionable when signed and they lacked fair disclosure, did not waive disclosure in writing and had no adequate knowledge of the other's finances. The burden is on the person challenging it. Time limits for enforcement are paused during the marriage, although some equitable defenses can still apply.

Yes. An agreement signed during the marriage is a postnuptial agreement. It is not covered by the premarital agreement statute, so Florida case law applies, mainly Casto v. Casto. A postnuptial agreement can be set aside for fraud, duress, coercion, misrepresentation or overreaching, or if it is unfair to one spouse given the circumstances, unless there was full disclosure or that spouse had general knowledge of the finances. Because of that standard, careful disclosure is especially important. We draft and review postnuptial agreements regularly.

Yes. Section 61.079 allows a premarital agreement to establish, modify, waive or eliminate spousal support. A couple can agree to a fixed amount, a formula, a time limit or no alimony at all. There is one statutory safeguard: if a waiver would leave a spouse eligible for public assistance at the time of separation or divorce, the court may order enough support to avoid that. An alimony waiver is also a common target in a challenge, so disclosure and voluntariness matter. We can explain how the current alimony law fits with your agreement.

No for child support, and generally not for parenting either. Section 61.079 says a premarital agreement may not adversely affect a child's right to support. Parenting plans and timesharing are decided by the court under section 61.13, based on what serves the child, so terms about future children's schedules are not something the court is bound to follow. A prenup is about the two adults: property, debts, support between spouses and rights at death. If you have children from a prior relationship, we can address how your estate plan provides for them.

Florida law does not require it. As a matter of good practice, though, we recommend that each person have independent counsel. When only one side had a lawyer, the other side may later argue that they did not understand the agreement or were pressured into it. Separate lawyers help show that both people knew what they were signing and had a chance to negotiate. We represent one party in each agreement, and we can review an agreement drafted by the other side's lawyer.

Florida law does not set a deadline, and the agreement takes effect on the marriage. The practical risk is pressure: an agreement presented days before a wedding invites a later argument that it was not signed freely. We recommend starting as early as you can, so there is time for disclosure, review by both lawyers and real negotiation without the wedding date pushing anyone. If the wedding is close, we can talk about whether a postnuptial agreement is the better path.

Section 61.079 looks at whether each person received fair and reasonable disclosure of the other's property and financial obligations. A person can waive further disclosure in writing, but full disclosure is the stronger approach. In practice we attach schedules listing assets, debts and income, with values that are reasonable and supported. Leaving out a significant account or understating a business can give the other spouse grounds to attack the agreement later. We help clients prepare disclosure that is complete and easy to follow.

Yes, this is one of the most common reasons for an agreement. Without one, a business you owned before the marriage stays nonmarital, but growth in its value caused by either spouse's work during the marriage, or by marital money, can become marital under section 61.075(6)(a). A premarital agreement can say that the business and its growth remain yours, address what your spouse receives instead, and protect business partners from a dispute. We draft these terms with your company's documents in mind.

Without an agreement, assets acquired during the marriage are presumed marital under section 61.075(8) and are divided under equitable distribution. Marital funds used to pay down debt on separate property can also create a marital share. A premarital agreement can change that. It can say who owns a home bought together, how retirement contributions made during the marriage are treated, and what happens to income from separate property. Many couples keep some assets separate and share others. We help you write terms that match how you actually plan to manage money.

Yes. A premarital agreement can address how property passes at death, and section 732.702 allows a spouse to waive rights such as the elective share, homestead and intestate share. The waiver must be in writing and signed in the presence of two subscribing witnesses. A will alone generally cannot take these rights away, which is why a written waiver matters. No disclosure is required for a waiver signed before marriage, but fair disclosure is required for one signed after. We coordinate these terms with your will or trust.

It may. Many couples from Latin America and Spain chose a property arrangement, such as separate property, when they married, or signed a formal marriage contract. A Florida court will look at the document itself, any clause choosing which country's law applies, how it was signed and what each person knew about the other's finances. The answer depends on the facts and the paperwork. We review foreign agreements with clients in Spanish and explain how a Florida court is likely to approach them, and whether a new agreement makes sense.

Florida's premarital agreement statute does not require that the agreement be in English. What matters is that each person understood what they were signing. When one person is more comfortable in Spanish, we can explain every term in Spanish, prepare a translation, or draft in both languages with a clause stating which version controls. Signing an agreement in a language you do not read well can raise questions later about whether it was knowing and voluntary. If the agreement is ever filed in a Florida court, an English translation will likely be needed.

Yes. After the marriage, section 61.079 allows a premarital agreement to be amended, revoked or abandoned, but only by a written agreement signed by both spouses. A conversation or a change in how you handle money does not change the agreement on its own. Couples often revisit an agreement after children are born, a business is sold or an inheritance arrives. If you amend it during the marriage, the fairness standards that apply to postnuptial agreements should be kept in mind. We can review your current agreement and draft the change.