When planning a marriage, many couples consider creating a prenuptial agreement. This legal document outlines how assets and debts will be handled if the marriage ends.

Florida has specific laws that govern what can and cannot be included in a prenuptial agreement. These agreements can protect individual property, define financial responsibilities, and even address spousal support.

However, some matters, like child custody or visitation rights, cannot be decided in advance. Understanding these rules is important to ensure the agreement is valid and enforceable.

By learning more, couples can make informed decisions and lay a clear financial foundation for their future together.

What Is a Prenuptial Agreement? 

Before we jump into specifics, let’s define what a prenuptial agreement is and why Florida law allows them. 

A prenuptial agreement is a legally binding document created between two people before they get married. Its primary purpose is to outline how assets, debts, and other financial matters will be handled during the marriage or in the event of a divorce or death. 

Florida’s laws, specifically under the Uniform Premarital Agreement Act (UPAA), govern how prenups are drafted and enforced. The goal is to help couples agree on important matters upfront, reducing potential conflicts down the road.

What Can Be Included in a Prenup in Florida? 

Prenuptial agreements can be versatile and customized to fit a couple’s specific needs and future goals. Under Florida law, the following provisions can be included:

1. Division of Assets and Property

  • You can specify how marital and non-marital property will be divided in case of divorce.
  • For example, you may want to ensure that a family heirloom or business remains separate from marital assets.

2. Debt Allocation

  • Prenups can outline how existing or future debts will be handled, so one spouse isn’t unfairly burdened.
  • Example scenarios might include student loans, business debts, or credit card debt.

3. Spousal Support

  • Prenups can define whether or not alimony will be paid out after a divorce, and if so, how much and for how long.

4. Business Interests

  • If one or both partners own a business, you can include clauses that protect the company and clarify ownership stakes.

5. Inheritance and Estate Plans

  • Prenups can address inheritance rights and ensure that children from previous relationships are protected.

6. Personal Assets

  • Certain personal items, like homes, vehicles, or investments, can be outlined as separate or marital property.

Ultimately, Florida law gives couples a lot of flexibility, provided they act in good faith and comply with certain requirements for enforceability.

What Cannot Be Included in a Prenup in Florida? 

While prenups offer many benefits, Florida law places some limitations on what they can address. Here’s what you cannot include in a Florida prenup:

1. Child Custody and Support Agreements

  • Florida courts prioritize a child’s best interests and will not uphold prenup provisions determining custody or financial support. These matters must be decided in court if necessary. 

2. Unconscionable or Unfair Terms

  • Any prenup that includes terms deemed significantly unfair or exploitative may be invalidated. For example, if one spouse waives all financial support while the other keeps all marital assets, the court might not enforce that clause. 

3. Non-Financial Provisions

  • Provisions about personal behaviors (“who takes out the garbage” or “spends holidays where”) are unlikely to hold up legally in Florida. A prenup is a financial document, not a behavioral contract. 

4. Provisions that Violate Public Policy

  • Prenups cannot contain clauses that violate laws or go against the public interest. For example, a provision saying one spouse must forfeit all assets for infidelity would not stand. 

Understanding these limitations is key to creating a legally enforceable agreement. Consulting with an experienced family law attorney in Florida ensures your prenup meets state requirements.

Steps to Creating a Prenuptial Agreement in Florida 

Creating a solid prenup might seem complex, but these steps can simplify the process:

1. Start Early

Begin discussions about a prenup well in advance of your wedding date to ensure both partners have sufficient time to consider the agreement.

2. Hire Separate Attorneys

Each person should be represented by their own qualified attorney. This ensures there’s no conflict of interest and that both individuals fully understand the implications.

3. Full Financial Disclosure

Both parties must disclose all assets, liabilities, and income during negotiations. Any lack of transparency can render the agreement unenforceable.

4. Draft and Review

After full disclosure, an attorney will draft your prenup. Both parties should carefully review the document to ensure it meets their expectations.

5. Sign and Notarize

For the agreement to be enforceable, it must be signed by both parties willingly, without coercion, and in the presence of a notary.

6. File Safely

Keep a copy of your signed prenup stored securely. While filing with the court isn’t mandatory, it can ensure the document is easily accessible if needed.

Common Misconceptions About Prenups 

Despite their practicality, prenups are often misunderstood. Here are a few common myths debunked:

  • “Prenups are only for the wealthy.”  – Prenuptial agreements are useful for couples across all income levels, particularly if one or both parties have assets or debts they want clarity on.
  • “Signing a prenup means you plan to get divorced.”  – On the contrary, discussing finances transparently can strengthen a marriage by building trust and setting clear expectations.
  • “Prenups are unfair to one party.”  – A valid prenup must be equitable and agreed to by both parties with full understanding and representation.

Why Having a Prenup Is Beneficial 

If you’re still considering whether a prenuptial agreement is worth it, here are a few compelling reasons to have one:

  1. Financial Clarity: Discussing finances upfront ensures both partners are on the same page about money matters. 
  2. Conflict Reduction: A prenup can outline clear solutions to potential disputes, saving time, stress, and money during divorce proceedings. 
  3. Protecting Individual Interests: Whether it’s an asset, a business, or future inheritance, a prenup ensures these remain protected. 
  4. Strengthening Communication: Collaborating on this legal document often prompts open and honest communication between partners, setting a strong foundation for the marriage. 

Taking the Next Step 

Getting married is a major decision, and so is protecting your financial future. At Wotitzky Law Firm, we’ve helped countless Florida couples create prenuptial agreements that provide peace of mind and protect their interests. 

Want to discuss your options? Reach out to our experienced family attorneys today and start planning for the rest of your lives with confidence. 

Contact us today for a consultation!