Prenuptial, Postnuptial & Cohabitation Agreement Attorneys
A carefully drafted prenuptial or postnuptial agreement protects a business, a pre-marital estate, or a family inheritance while giving both spouses clarity about the financial framework of the marriage. Our attorneys draft, review, and — where necessary — challenge these agreements throughout Florida.
Quick answer
A Florida prenuptial agreement is a contract signed before marriage that defines property rights, alimony, and the treatment of separate assets if the marriage ends; a postnuptial agreement does the same after the wedding. Prenuptial agreements are governed by the Uniform Premarital Agreement Act, Fla. Stat. § 61.079, and are enforceable when entered voluntarily with fair disclosure. Neither type of agreement can determine child support or timesharing.
Prenuptial, Postnuptial & Cohabitation Agreements in Florida: key facts
- Governing law
- Fla. Stat. § 61.079 (Uniform Premarital Agreement Act)
- Form
- Must be in writing and signed by both parties; no consideration beyond the marriage required
- Enforceability
- Voidable if not voluntary, or unconscionable with inadequate disclosure and no waiver
- Can address
- Property rights, alimony, business interests, estate rights, debt allocation
- Cannot address
- Child support, timesharing, or anything contrary to a child's best interest
- Best practice
- Independent counsel for each party, full financial disclosure, signed well before the wedding
Overview
Florida enforces prenuptial and postnuptial agreements under the Uniform Premarital Agreement Act and controlling case law. Enforceability turns on voluntariness, adequate financial disclosure, and the substantive terms.
A well-drafted agreement addresses classification of property, allocation of income, treatment of appreciation, alimony waiver, and — for postnuptial agreements — the exchange of consideration.
How the firm approaches prenuptial, postnuptial & cohabitation agreements
We begin with the client's actual objective. A prenup protecting a family business is drafted differently from one addressing a second marriage with adult children. We build in enough procedural rigor — full disclosure, independent counsel, adequate lead time — that the agreement holds up under later challenge.
When we're reviewing an agreement drafted by opposing counsel, we identify the substantive give-ups and the enforceability risks before signing.
Frequently Asked Questions
Are prenuptial agreements enforceable in Florida?
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Yes, provided they are executed in writing, entered voluntarily, and either supported by fair financial disclosure or waived after opportunity to obtain disclosure.
How long before the wedding should a prenup be signed?
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There is no statutory minimum, but signing well in advance — ideally 30 days or more — reduces the risk of a later voluntariness challenge.
Can a prenup waive alimony?
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Yes, though a court will decline to enforce a waiver that would leave a spouse eligible for public assistance.
What is a postnuptial agreement?
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An agreement entered during the marriage that establishes property and support terms.
Can a prenup address child support or custody?
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No. Issues concerning minor children are decided by the court at the time of any dispute under the best-interests standard.
Are prenuptial agreements enforceable in Florida?
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Yes. Florida enforces premarital agreements under Fla. Stat. § 61.079 provided the agreement is in writing, signed, and entered into voluntarily. A challenging spouse must prove the agreement was involuntary, or that it was unconscionable and he or she was not given fair disclosure, did not waive disclosure, and had no adequate knowledge of the other party's finances.
Can a prenuptial agreement waive alimony in Florida?
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A Florida premarital agreement may modify or waive spousal support entirely. If the waiver would leave one party eligible for public assistance at the time of dissolution, a court may order support to the extent needed to avoid that outcome. Waivers of child support are never enforceable because that right belongs to the child.
What is a postnuptial agreement?
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A postnuptial agreement is entered after the marriage and addresses the same subjects as a prenuptial agreement — property characterization, alimony, business ownership, and estate rights. Because spouses owe each other a fiduciary duty once married, Florida courts examine postnuptial agreements closely for full financial disclosure and the absence of coercion.
Discuss your matter, in confidence.
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