A prenuptial agreement — commonly known as a "prenup" — is a legal contract entered into by two people before they marry. In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (Florida Statute Section 61.079) and serve as an important tool for protecting individual assets, defining financial expectations, and reducing the potential for conflict in the event of a divorce. Whether you are getting married in Fort Lauderdale, Broward County, or anywhere in South Florida, understanding how prenuptial agreements work under Florida law is essential.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract between two people who intend to marry. The agreement typically addresses how property, debts, and financial matters will be handled during the marriage and in the event of divorce or death. In Florida, a valid prenup becomes effective upon marriage and remains enforceable unless modified or revoked by a subsequent written agreement signed by both parties.
Prenuptial agreements are not just for the wealthy. Couples of all financial backgrounds in Fort Lauderdale and throughout South Florida use prenups to establish clear expectations and protect themselves from unexpected outcomes.
What Can Be Included in a Florida Prenuptial Agreement
Under Florida law, a prenuptial agreement can address a wide range of financial matters, including:
- The rights and obligations of each party in any property owned by either or both of them
- The right to buy, sell, use, transfer, or otherwise manage and control property
- How property will be divided in the event of separation, divorce, or death
- Spousal support (alimony) — including whether it will be paid, in what amount, and for how long
- The disposition of life insurance benefits
- Which state's law will govern the interpretation of the agreement
- Any other matter that does not violate public policy or criminal law
Prenuptial agreements are particularly valuable for individuals who own businesses, hold significant investments, have children from a prior relationship, or anticipate receiving an inheritance. A Fort Lauderdale family law attorney can help you determine which provisions are appropriate for your situation.
What Cannot Be Included in a Prenup
While prenuptial agreements offer broad flexibility, Florida law does impose certain limitations. A prenup cannot:
- Determine child custody or time-sharing: Courts always retain the authority to decide custody matters based on the best interests of the child at the time of the proceeding
- Waive or predetermine child support: Child support is the right of the child, not the parent, and cannot be bargained away in a prenuptial agreement
- Include terms that violate public policy: Provisions that encourage divorce, impose penalties for marital conduct, or involve illegal activity are unenforceable
- Include unconscionable terms: An agreement that is grossly unfair to one party at the time of enforcement may be set aside by the court
Requirements for a Valid Prenuptial Agreement in Florida
For a prenuptial agreement to be enforceable in Florida, it must meet specific legal requirements:
Written and Signed
The agreement must be in writing and signed by both parties. Oral prenuptial agreements are not enforceable under Florida law.
Voluntary Execution
Both parties must enter into the agreement voluntarily, without fraud, duress, coercion, or overreaching. If a court determines that one party was pressured or forced into signing, the agreement may be invalidated.
Full Financial Disclosure
Each party must provide a fair and reasonable disclosure of their property, assets, and financial obligations. Alternatively, the other party must have voluntarily waived the right to disclosure or must have had adequate knowledge of the other party's finances. Failure to disclose assets is one of the most common grounds for challenging a prenup in Broward County and South Florida courts.
No Unconscionability
The agreement cannot be unconscionable at the time it was signed. An unconscionable agreement is one that is so one-sided that no reasonable person would have agreed to it. Courts evaluate unconscionability based on the circumstances that existed when the prenup was executed, not at the time of divorce.
Independent Legal Counsel
While Florida law does not strictly require each party to have their own attorney, it is strongly recommended. When both parties are represented by independent counsel, it significantly reduces the likelihood of a successful challenge to the agreement. Courts in Fort Lauderdale view independent legal representation as strong evidence that the agreement was entered into voluntarily and with full understanding.
Common Misconceptions About Prenuptial Agreements
Despite their practical benefits, prenuptial agreements are often misunderstood. Here are some common misconceptions:
Prenups Are Only for the Wealthy
This is one of the most persistent myths. In reality, any couple with individual assets, debts, business interests, or children from a previous relationship can benefit from a prenup. Even couples with modest assets in South Florida use prenuptial agreements to establish clear financial expectations and avoid costly disputes later.
A Prenup Means You Expect the Marriage to Fail
A prenuptial agreement is a form of financial planning, not a prediction of divorce. Just as you would purchase insurance for your home or car without expecting a disaster, a prenup provides a safety net that benefits both parties. Many couples find that the process of discussing finances openly before marriage actually strengthens their relationship.
Prenups Are Ironclad and Can Never Be Challenged
While a properly drafted prenup is generally enforceable, it can be challenged and potentially invalidated if it was signed under duress, involved incomplete financial disclosure, or contains unconscionable terms. This is why working with an experienced Florida attorney is essential to creating an agreement that will hold up in court.
You Can Sign a Prenup the Day Before the Wedding
While there is no specific statutory waiting period in Florida, signing a prenup at the last minute can create an inference of duress or coercion. Courts in Broward County may view a rushed signing as evidence that one party did not have adequate time to review the agreement, consult with an attorney, or consider its implications. Ideally, a prenup should be finalized well in advance of the wedding — at least 30 days, though more time is preferable.
When Should You Get a Prenuptial Agreement?
Consider a prenuptial agreement if any of the following apply to your situation:
- You own a business or professional practice
- You have significant individual assets, investments, or real estate
- You have children from a prior relationship whose inheritance you want to protect
- You anticipate receiving a substantial inheritance
- One spouse has significantly more debt than the other
- You are entering a second or subsequent marriage
- You want to define financial responsibilities during the marriage
The best time to begin discussing a prenup is early in the engagement period. This allows both parties sufficient time to negotiate terms, obtain independent legal advice, and finalize the agreement without the pressure of an approaching wedding date.
Postnuptial Agreements in Florida
If you did not sign a prenuptial agreement before your marriage, a postnuptial agreement may be an option. A postnuptial agreement serves a similar purpose but is entered into after the marriage has already taken place. Florida courts enforce postnuptial agreements under the same general principles that apply to prenups, though they may receive slightly heightened scrutiny because of the existing marital relationship.
Postnuptial agreements can be useful when circumstances change during a marriage — for example, if one spouse starts a business, receives an inheritance, or if the couple wants to establish clearer financial boundaries. A Fort Lauderdale attorney experienced in family law can advise you on whether a postnuptial agreement is appropriate for your situation.
Why You Need an Attorney for a Prenuptial Agreement
Drafting a prenuptial agreement without legal guidance is risky. A poorly drafted or improperly executed prenup can be challenged and invalidated, leaving you without the protections you intended. An experienced family law attorney in Fort Lauderdale can:
- Ensure the agreement complies with all requirements of Florida law
- Draft clear, enforceable provisions tailored to your specific circumstances
- Advise you on what should and should not be included
- Facilitate the financial disclosure process to prevent future challenges
- Protect your interests during negotiations while maintaining the collaborative spirit of the process
A valid, well-drafted prenuptial agreement provides peace of mind and financial security for both parties — and a strong foundation for the marriage itself.
Schedule a Consultation with a Fort Lauderdale Prenup Attorney
If you are engaged and considering a prenuptial agreement — or if you are already married and interested in a postnuptial agreement — contact the Law Office of Alan S. Fishman for a consultation. Attorney Fishman provides experienced guidance on prenuptial and postnuptial agreements, property division, and all aspects of Florida family law in Fort Lauderdale, Broward County, and throughout South Florida.
Call (754) 349-3938 or send us a message to schedule your appointment.