A prenuptial agreement can be one of the most powerful tools for protecting your assets, clarifying financial expectations, and reducing future conflict in a marriage. But not all prenups are created equal. If your prenuptial agreement is poorly drafted or executed, it might not survive a legal challenge when you need it most.
In Orlando, courts uphold valid prenuptial agreements—but they also scrutinize them closely. Whether you’re the wealthier party seeking to protect premarital assets or you’re entering marriage with fewer assets but want clarity and fairness, ensuring your prenup is enforceable is critical.
In this blog, we’ll explore the key steps to ensure your prenup will stand up in court, common mistakes that could render it vulnerable, and how working with an experienced Orlando prenup attorney can make all the difference.
Why Do Prenups Get Challenged in Florida?
In Florida, prenuptial agreements are generally enforceable—but only if they follow strict guidelines regarding fairness, transparency, and execution. When a prenup is challenged in court, the most common claims include:
- Lack of full financial disclosure
- Coercion, duress, or undue influence
- Fraud or misrepresentation
- Unconscionable terms
- Lack of independent counsel
- Last-minute execution without proper review
Courts are particularly wary when there’s a significant imbalance in assets or income between spouses. That’s why it’s essential to make sure your prenup is not only tailored to your circumstances, but also meets all legal requirements.
A knowledgeable Orlando prenup attorney will help draft and execute the agreement in a way that minimizes the risk of future invalidation.
Step 1: Begin the Process Early
One of the most common reasons prenups are challenged is because they were signed too close to the wedding day. A court may find that the timing exerted undue pressure, especially if one party had little time to review the agreement or obtain legal advice.
To avoid this:
- Start discussions at least 3–6 months before the wedding
- Allow both parties adequate time to consider terms
- Avoid rushing the process or presenting the prenup as a last-minute surprise
An early start also encourages transparency and helps both partners feel respected and involved.
Step 2: Provide Full and Honest Financial Disclosure
Florida law requires that both parties to a prenuptial agreement make full and fair disclosure of their financial circumstances. This includes:
- Income
- Assets (real estate, retirement accounts, investments)
- Debts and liabilities
- Expected inheritances
- Business interests
If one party fails to disclose key information, the agreement may be deemed invalid due to fraud or material omission.
A skilled Orlando prenup attorney will include a detailed schedule of assets and liabilities in the agreement and ensure both parties sign off acknowledging full disclosure.
Step 3: Avoid Unconscionable or Grossly Unfair Terms
Florida courts may refuse to enforce a prenup if it’s deemed unconscionable. This means that the agreement is so one-sided or unfair that it would be unjust to uphold it.
Examples of unconscionable terms:
- One party waives all rights to alimony despite a long marriage and major financial disparity
- The agreement leaves one spouse destitute while the other retains significant wealth
- A party is required to assume all marital debt, regardless of contributions
An Orlando prenup attorney can help you find a balance between protecting your assets and ensuring the agreement would appear reasonable to a judge.
Step 4: Encourage Independent Legal Representation
Although Florida law doesn’t require both parties to have attorneys, it’s highly recommended. Courts are far more likely to uphold a prenup if each party had:
- The opportunity to consult an independent attorney
- Ample time to review and ask questions
- Legal advice tailored to their interests
Your Orlando prenup attorney can prepare the agreement and help your partner find neutral legal counsel to review it. This demonstrates that both parties entered into the agreement voluntarily and with informed consent.
Step 5: Put the Agreement in Writing and Execute It Properly
Verbal prenups are not enforceable in Florida. The agreement must be:
- In writing
- Signed voluntarily by both parties
- Executed before the wedding
- Signed with proper formalities (typically in the presence of a notary and/or witnesses)
A court will look closely at how the agreement was signed. Any evidence of pressure, confusion, or improper execution may be grounds for challenge. A professional Orlando prenup attorney will ensure all formalities are met and that the signing process is properly documented.
Step 6: Tailor the Terms to Your Lives
The best prenups are not generic—they’re customized. A court may view a cookie-cutter agreement with suspicion, especially if the terms don’t reflect your actual financial situation.
Topics to cover in a well-tailored prenup:
- Division of assets and debts
- Alimony and spousal support
- Treatment of premarital property
- Business ownership
- Estate planning coordination
- Treatment of future inheritances
- Provisions for future children (excluding child support, which cannot be predetermined)
A comprehensive prenup drafted by an Orlando prenup attorney provides clarity, not confusion.
Step 7: Keep Records and Maintain the Agreement
Your signed prenuptial agreement should be stored in a safe, accessible place. Both spouses should retain original or certified copies.
Also, consider revisiting the agreement if your circumstances change dramatically—for example:
- You acquire significant new assets
- You start a business
- You inherit property
- You move to another state
While prenups don’t expire, a postnuptial agreement may be needed to update terms. An Orlando prenup attorney can guide you through this process and keep the agreement current.
Common Mistakes That Can Undermine a Prenup
Some couples make avoidable mistakes that later lead to litigation or invalidation of the agreement. These include:
- Failing to disclose a key asset (such as a retirement account)
- Signing the agreement just days before the wedding
- Including unenforceable terms (like waiving child support)
- Using vague or contradictory language
- Not having a complete copy with signatures
- Not updating the agreement after major financial changes
By working with an experienced Orlando prenup attorney, you can avoid these pitfalls and have confidence that your agreement will hold up if ever challenged.
The Role of the Judge in Enforcing a Prenup
If your prenup is ever challenged, the judge will consider:
- Was there full disclosure?
- Was it signed voluntarily?
- Were both parties mentally competent?
- Is the agreement fair and reasonable?
- Were proper legal formalities followed?
Judges in Orange County family court are accustomed to reviewing prenups—but they won’t rubber-stamp a flawed agreement. That’s why legal precision matters. Your attorney must be able to demonstrate that the prenup was negotiated in good faith, with full understanding and no coercion.
What If My Spouse Refuses to Sign a Prenup?
While you can’t force someone to sign a prenuptial agreement, you can:
- Encourage open conversations early
- Frame it as a mutual planning tool
- Offer to include terms that benefit both parties
- Explain that it reduces the risk of costly future litigation
If your partner still refuses, you can take other protective steps:
- Keep premarital assets titled separately
- Avoid commingling finances
- Maintain clear financial records
- Use trusts or estate planning to protect inheritance
However, none of these alternatives offer the certainty and enforceability of a prenup. An Orlando prenup attorney can help you navigate the conversation and explore your options.
Can a Prenup Be Changed or Revoked?
Yes. Florida law allows for prenups to be modified or revoked after marriage by mutual agreement. To do so:
- The change must be in writing
- Both parties must sign it voluntarily
- The agreement must meet the same formalities as the original prenup
This is often done through a postnuptial agreement. Whether you want to add new terms, change spousal support provisions, or revoke the agreement entirely, it’s essential to involve an Orlando prenup attorney to ensure it’s done properly.
FAQs: Prenuptial Agreements and Court Challenges
Q: How likely is it that a Florida court will overturn a prenup?
A: If properly drafted and executed, prenups are typically upheld. Challenges arise when there are flaws in disclosure, execution, or fairness.
Q: Can a prenup limit or waive alimony?
A: Yes. Florida law allows alimony waivers in prenups. However, the court may refuse to enforce a waiver if it leaves one spouse destitute.
Q: Can I include provisions about child support or custody?
A: No. Florida courts do not enforce prenup clauses that pre-determine child support or custody, as these decisions are based on the child’s best interests at the time of divorce.
Q: What if we move to another state after signing a prenup in Florida?
A: Most states honor properly executed prenups, but laws vary. Consult a local attorney if you relocate. An Orlando prenup attorney can help make your agreement portable and valid across jurisdictions.
Q: Does the court look at whether each spouse had an attorney?
A: Yes. While not required, independent legal counsel greatly strengthens enforceability and reduces claims of coercion or misunderstanding.
Q: What if my financial situation changes drastically after marriage?
A: Consider a postnuptial agreement to update the terms. Courts may view a dramatic shift in fairness as a reason to invalidate a prenup without updates.
Q: Can I include a clause that rewards my spouse for staying married?
A: Yes, these “sunset” clauses or milestone incentives can be included as long as they don’t conflict with public policy or other laws.
Q: Is a prenup still valid after 10 or 20 years?
A: Yes, prenups do not expire unless the agreement states otherwise. That said, periodic review is wise.
Q: Will the judge read the whole prenup at trial?
A: If the prenup is challenged, the judge will read and interpret the full agreement and consider all surrounding facts.
Q: Can a judge partially enforce a prenup?
A: Yes. Courts can strike out unconscionable terms and enforce the rest of the agreement.
Final Thoughts: Build It Right the First Time
A prenuptial agreement is not just a formality—it’s a legally binding contract with real consequences. If it’s done right, it provides clarity, protection, and peace of mind. If it’s done wrong, it could cause more problems than it solves.
Whether you’re safeguarding a business, protecting family wealth, or simply seeking transparency with your partner, working with an experienced Orlando prenup attorney is the key to creating an agreement that will stand up in court.
Take the time to get it right. Your future self will thank you.
The McKinney Law Group: Secure Your Future with a Personalized Orlando Prenup
A well-crafted prenuptial agreement isn’t about expecting your relationship to fail—it’s about planning your future with intention. At The McKinney Law Group, we help Orlando couples create customized, legally sound prenups that reflect their values, protect their assets, and support a successful marriage.
We assist with:
✔ Preserving premarital property, real estate, and retirement accounts
✔ Defining financial roles and responsibilities within the marriage
✔ Protecting business ownership, future earnings, and investments
✔ Creating flexible spousal support provisions that suit your goals
✔ Drafting enforceable agreements in full compliance with Florida law
Let’s help you start your marriage on solid ground—with legal protection you can both trust.
Call 813-428-3400 or email [email protected] to schedule your Orlando prenup consultation today.