Prenuptial & Postnuptial Agreements

Florida agreements for couples who want clarity before or during a marriage

A Florida prenuptial agreement is a contract signed before marriage that sets out how property, debts, and support will be handled if the marriage ends, while a postnuptial agreement covers the same ground for couples who are already married.

At the Law Offices of E.F. Robinson, P.A., we draft and review both types of agreements for professionals and business owners throughout Broward, Miami-Dade, and Palm Beach counties who want their financial expectations in writing.

What These Agreements Cover

Both prenuptial and postnuptial agreements can address how property and debts will be divided, whether either spouse will receive support, and how specific assets, such as a business or an inheritance, will be treated. The main difference between the two is timing: a prenuptial agreement is signed before the wedding, and a postnuptial agreement is signed afterward.

Why Business Owners and Professionals Use Them

For someone who owns a business, holds a professional license, or brings significant assets into a marriage, an agreement provides clarity that a court proceeding does not. It can protect a business from being divided or disrupted, outline how future growth in a business will be treated, and reduce the uncertainty and cost of a contested divorce later.

What Makes an Agreement Enforceable

Florida courts will decline to enforce a prenuptial or postnuptial agreement under certain circumstances. Understanding these standards is what separates an agreement that holds up from one that becomes a source of litigation.

• The agreement must be signed voluntarily, with each spouse given a real opportunity to review it, not presented for the first time the night before the wedding
• Neither spouse can be pressured, deceived, or misled into signing
• Each spouse generally needs a fair and honest picture of the other’s finances before signing, unless that right to disclosure is knowingly waived in writing
• The terms cannot be so one-sided that enforcing them would be fundamentally unfair

What Cannot Be Included

Florida law does not allow these agreements to decide custody, timesharing, or child support in advance, since those decisions are based on the child’s needs and circumstances at the time. A provision eliminating spousal support is also limited if it would leave one spouse without enough income to meet basic needs at the time of a divorce.

Frequently Asked Questions

How far in advance of the wedding should we sign a prenuptial agreement?

There is no fixed deadline, but signing well before the wedding, rather than in the final days before it, helps demonstrate that both spouses had a genuine opportunity to review and consider the terms.

Can we still get a postnuptial agreement if we are already married?

Yes. A postnuptial agreement can be signed at any point during a marriage and covers much of the same ground as a prenuptial agreement.

Do both spouses need their own attorney?

It is not always required, but having independent representation for each spouse makes an agreement significantly more difficult to challenge later, since it helps show both sides understood what they were signing.

Can a prenuptial agreement protect my business?

It can address how a business will be treated if the marriage ends, including whether future growth in the business is considered shared property. The specific protections depend on how the business is structured and how the agreement is drafted.

The information provided on this page is for general informational purposes only and should not be considered legal advice. Every case is unique, and the application of the law depends on the specific facts and circumstances involved. Viewing this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome in any future matter. If you need legal advice regarding your situation, contact the Law Offices of E.F. Robinson, P.A. to discuss your case and receive personalized legal guidance.