Prenuptial and postnuptial agreements in Florida

Clear agreements that protect both partners before or during a marriage.

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What these agreements do

A prenuptial agreement is signed before marriage and sets out how property and support would be handled if the marriage ends. A postnuptial agreement does the same after a couple is already married. Both can protect a business, family assets, or children from a prior relationship, and can reduce conflict later.

What they can cover

A Florida agreement can address many financial questions, such as:

  • How property and debts are treated as marital or separate
  • What happens to a business or specific assets
  • Whether and how alimony would apply
Some things cannot be set in advance. Child support and time-sharing are decided by the court based on the child's best interests at the time, not by a prenuptial agreement.

What makes an agreement enforceable

To hold up in Florida, an agreement generally must be in writing, signed voluntarily, and based on fair and full financial disclosure, and it must not be unconscionable. Having each partner advised by their own attorney strengthens it.

How Noah helps

Noah drafts clear agreements and reviews proposed ones so you understand exactly what you are signing. Call 305-333-0272.

Common questions

Can a prenuptial agreement be set aside in Florida?

Yes. A court may set aside an agreement that was signed involuntarily, without fair financial disclosure, or that is unconscionable.

Do both partners need their own lawyer?

It is not always required, but independent legal advice for each partner helps show the agreement was entered fairly and makes it more likely to be enforced.