Prenuptial and postnuptial agreement lawyer in Florida

Prenuptial and postnuptial agreements in Florida

A prenuptial agreement (a "prenup") is a written contract two people sign before they marry. It says what happens to property, debts and spousal support if the marriage ends in divorce or when one spouse dies. A postnuptial agreement (a "postnup") does the same thing, but the spouses sign it after the wedding.

If you are looking for a prenup lawyer in Orlando, or a prenuptial agreement attorney anywhere in Florida, this page explains what Florida law allows, what makes an agreement hold up, how the process works with our firm, and what it costs. A prenup does not go to court when you sign it, so we prepare and review agreements for couples anywhere in Florida, from Orlando to Miami, Tampa or Jacksonville, by phone and video call. For Spanish-speaking couples: we also prepare acuerdos prenupciales en Florida entirely in Spanish.

What Florida law requires

Prenups in Florida are governed by the Florida Uniform Premarital Agreement Act, section 61.079 of the Florida Statutes, for agreements signed on or after October 1, 2007. The basic rules:

• It must be in writing and signed by both parties. An oral promise is not a premarital agreement.
• It takes effect when you marry. If the wedding never happens, the agreement does nothing.
• No payment or "consideration" is needed for it to be enforceable.
• After the wedding, it can only be changed or revoked by a new written agreement signed by both spouses.

The law does not require a notary or that each person have a lawyer, but both are strongly recommended. To waive inheritance rights (see below), Florida requires that the waiver be signed in front of two witnesses, so we have every agreement signed with two witnesses and a notary.

What a prenup can cover

Under section 61.079, a Florida prenuptial agreement can cover:

• Each spouse's rights in property, whenever and wherever it was acquired, including what stays separate and what becomes marital.
• The right to buy, sell, use, manage or transfer property, including a business or real estate.
• How property is divided on separation, divorce or death.
• Spousal support (alimony): limiting it or waiving it.
• Wills and trusts needed to carry out the agreement.
• Life insurance: who owns the death benefit.
• Which state's law applies to the agreement.
• Debts: who is responsible for debts brought into or taken on during the marriage.
• Any other matter, including personal rights, that does not violate public policy or a criminal law.

A prenup can also waive inheritance rights such as the elective share, homestead rights and the right to inherit if a spouse dies without a will (section 732.702). This matters for second marriages and for parents who want property to go to children from an earlier relationship.

What a prenup cannot do

• It cannot adversely affect child support. Section 61.079 says so directly: a child's right to support cannot be reduced or waived by the parents' agreement. Child support is set by the court under the Florida guidelines. See our page on child support.
• It does not decide custody. Parental responsibility and time-sharing are decided by the court based on the child's best interests when the time comes. See child custody.
• It cannot push a spouse onto public assistance. If waiving alimony would leave a spouse eligible for public assistance at the time of separation or divorce, the court may order support to the extent needed to avoid that, despite the agreement.
• It cannot require anything illegal or against public policy.

Immigration note: if one spouse will sponsor the other for a green card, the sponsor signs an Affidavit of Support (Form I-864), which is a promise to the federal government. A prenup generally does not cancel that obligation. If your marriage involves a family petition, tell us so we can plan both together.

How a prenup can be challenged

Under section 61.079, a premarital agreement is not enforceable if the spouse challenging it proves that:

1. They did not sign it voluntarily; or
2. It was the product of fraud, duress, coercion or overreaching; or
3. It was unconscionable when it was signed and, before signing, that spouse:
   • was not given fair and reasonable disclosure of the other's property and financial obligations; and
   • did not voluntarily and expressly waive, in writing, any further disclosure; and
   • did not have, and reasonably could not have had, adequate knowledge of the other's property and finances.

Whether an agreement is unconscionable is decided by the judge. In practice, most challenges come down to pressure and disclosure: an agreement presented days before the wedding, signed without a chance to review it with a lawyer, or signed without seeing the other person's finances. A well-prepared prenup is built to avoid those problems: full financial disclosure attached to the agreement, enough time before the wedding, and each person with their own lawyer.

Postnuptial agreements in Florida

Already married? A Florida postnuptial agreement can do most of what a prenup does: define separate and marital property, protect a business, address alimony and waive inheritance rights. Couples use them after an inheritance, when starting a business, after moving to Florida from another state or country, or to settle money questions and stay married.

Postnuptial agreements are not covered by the Uniform Premarital Agreement Act. Florida courts review them under contract law and case law, and a postnup can be set aside for fraud, duress, coercion or overreaching, or if it is unfair to one spouse and that spouse did not have full knowledge of the other's finances. Because spouses already owe each other a duty of honesty, full financial disclosure is essential. A waiver of inheritance rights signed after the marriage also requires fair disclosure of each spouse's estate under section 732.702. Like prenups, child support cannot be waived.

Who a prenup or postnup is for

• Anyone bringing real estate, savings, retirement accounts or a business into the marriage.
• Second marriages, especially with children from a prior relationship.
• Couples where one person has significant debt the other does not want to share.
• People expecting an inheritance or family property, including property in Puerto Rico or abroad.
• Couples who want clear rules about alimony.
• Spouses who want to put an informal understanding about money in writing.

How the process works

1. Free 15-minute call. We learn what each of you wants to protect, your wedding date and whether you need a new agreement or a review of one drafted by your partner's lawyer.
2. Financial disclosure. Each of you lists your assets, debts and income. The disclosure is attached to the agreement.
3. Drafting. We prepare the agreement in plain English (or Spanish) and explain each clause.
4. Negotiation and review. The other party reviews it with their own lawyer. We make the changes you both agree to.
5. Signing. Both of you sign before two witnesses and a notary, ideally well before the wedding. We coordinate the signing, in person in Orlando or near you.

We represent one party only. The two of you have opposing interests in a prenup, so one lawyer should not represent both: your future spouse should have their own attorney. If your partner's lawyer drafted the agreement, we can review it and advise you before you sign.

Timing: start at least a few months before the wedding. An agreement signed in the last days before the ceremony is easier to attack as signed under pressure.

Costs

We charge a flat fee, so you know the price before we start:

• Prenuptial agreement: $1,500
• Postnuptial agreement: $1,500

The free consultation is a 15-minute phone call. An in-person or longer consultation costs $150. There are no court filing fees, because a prenup or postnup is not filed with the court when you sign it.

How to choose a prenup lawyer

• One lawyer per spouse. Each of you should have your own attorney; that protects the agreement as much as it protects you.
• Florida licensed. The agreement should be drafted under Florida law by a member of The Florida Bar. Be careful with online templates: a missing disclosure or witness can make key clauses unenforceable.
• Flat fee and clear scope. Ask what is included: drafting, revisions, negotiation with the other lawyer and the signing.
• "Specialist" claims. In Florida, only lawyers certified by The Florida Bar may call themselves specialists or experts in an area of law. Ask about the lawyer's actual work on prenuptial agreements and family law.
• Your language. You should understand every clause you sign. If Spanish is easier for you, work with a lawyer who can explain it in Spanish.

Why work with us

Luis A. Morales has been a lawyer since 2001 and is admitted to practice in Florida and Puerto Rico. He is a U.S. Army veteran who served as a military legal officer. He handles each prenuptial and postnuptial agreement personally, in English or Spanish, from our office at 390 N Orange Ave, Suite 2300, in downtown Orlando, and works with couples anywhere in Florida by phone and video call.

If your marriage ends up in court one day, we also handle divorce and uncontested divorce cases in Central Florida. See our Florida divorce guide or all of our family law services.

Frequently asked questions