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A prenuptial agreement is a written contract that a couple signs before they get married. It explains what will happen with money, property, and other important things if the marriage ever ends in divorce. It helps protect both people and avoid confusion or fights later.
The Florida Divorce & Criminal Defense Lawyers helps couples in Florida create strong, clear agreements that follow Florida law. Our team of trusted family law attorneys works hard to make sure you understand every step and feel confident in your choices. Whether you have substantial assets, own a business, or want to protect your interests, we’re here to help.
In Florida, a prenuptial agreement, also called an antenuptial agreement, is a legal document that two people sign before they become a married couple. It lists what each party owns, what each party owes, and how those things will be handled if the marriage ends.
This agreement can protect business interests, property, financial obligations, and future rights to alimony. It can also prevent fights over who owns what if divorce occurs. But for the contract to be valid, it must be made with fair and reasonable disclosure of money, assets, and debts.
A Miami prenuptial agreement can cover many important topics that help protect both people in the event of a divorce. It lets couples decide how to handle money, property, and other responsibilities before the marriage even begins.
The sections below explain what you’re allowed to include and what must be left out under Florida law.
A valid prenuptial agreement in Miami can include many helpful terms that protect both people. Here are some examples of what couples can include:
These rules help avoid confusion and keep both parties protected if circumstances change.
There are also things you cannot put in a prenuptial agreement. For example:
That’s why it’s important to work with skilled attorneys who understand family law matters in Florida.
A prenuptial agreement is not only for people with extreme wealth, but a smart option for anyone who wants to protect their property, avoid confusion, and create peace of mind before entering a marriage. Couples in Miami, whether they live in Coral Gables, Coconut Grove, or anywhere in South Florida, may benefit from having a clear plan in place that covers financial matters and outlines what will happen if the marriage ever ends in divorce.
This type of agreement is especially useful if one spouse has more assets, earns more money, or owns a business, while the other party has fewer financial resources or property. It’s also helpful when one person has financial obligations, such as loans or debts, and the couple wants to keep those responsibilities separate. If you have a previous marriage, a postnuptial agreement, or children from another relationship, a prenup can help ensure those important parts of your life are protected as well.
A prenuptial agreement is not just for wealthy people. It can help in many different situations. You may want a prenup if:
People all over South Florida choose prenups because they want clear answers and a safer future.
To make sure a prenuptial agreement is valid in Florida, certain legal steps must be followed. The agreement must be fair, clearly written, and signed the right way. It should also follow all rules under Florida law.
Under Florida law, a valid prenup must be in writing, signed by both parties, and made before the marriage begins. Both people must have adequate knowledge of each other’s money, property, and debts.
There must be fair and reasonable disclosure, and both sides must agree without pressure or lies. You don’t have to give up everything you own, but the agreement must be fair and honest. If one challenging spouse proves that the terms are unfair or hidden, the agreement may be thrown out.
Even if a prenuptial agreement was signed, that does not always mean the court will accept it during a divorce case. Florida judges can review the details and decide if the agreement should still be enforced. There are specific reasons why a valid prenuptial agreement might later be considered invalid under Florida law.
For example, if one party did not have adequate knowledge about the other person’s assets, debts, or full financial status, the court may decide the agreement was unfair. This is especially true if there was no fair and reasonable disclosure at the time it was signed. Both people must understand exactly what they are agreeing to, including all property or financial obligations involved.
No. A prenuptial agreement cannot decide parental responsibility, such as who the child will live with or who makes parenting decisions. These matters must always be based on the best interests of the child and are decided by the court if parents do not agree. However, your attorney can still assist you in planning for other family-related concerns.
No, Florida is not a community property state. Instead, it follows rules of equitable division, which means that property and assets are divided fairly, but not always equally, if the marriage ends. A well-drafted prenuptial agreement allows you to set your own rules instead of relying on standard Florida law.
Yes. Many couples use a prenup to address issues like business profits, future savings, or how to handle property growth during the marriage. If you have concerns about how these things will be divided later, your lawyer can help make sure your agreement reflects those goals clearly and legally.
If you don’t have a prenuptial agreement, then the court will apply Florida’s equitable division laws to divide property, assets, and possibly award alimony. This process can be longer, more expensive, and lead to results neither person expected. That’s why it’s a good idea to address issues early and put an agreement in writing.
While we can explain the process and answer general questions, we cannot assist both people as individual legal representatives due to conflict of interest rules. We strongly suggest that each party get their own lawyer. This helps make sure the agreement is fair, respected by the court, and cannot be easily challenged later.
If you are thinking about getting married and want to plan for your future with clarity and confidence, The Florida Divorce & Criminal Defense Lawyers is here to help. Our experienced family law attorneys will guide you through every step of creating a strong, fair prenuptial agreement that meets your needs and follows all parts of Florida law.
We listen to your concerns, help you address issues related to property, debts, and financial obligations, and work to protect your most important rights and interests. Whether you're concerned about equitable division, business ownership, or keeping your marriage and family secure, we’re ready to assist you.
Our Miami legal team proudly serves couples across Coral Gables, Coconut Grove, and all of South Florida. Contact us and schedule your free consultation today to learn how we can help you create a clear, fair, and legally strong prenup before you say “I do.”
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