If you’re newly engaged and planning a life together, the topic of prenuptial agreements may not be at the top of your to-do list. After all, it’s much more exciting to dream about your wedding day than to discuss what might happen if the marriage doesn’t last. However, a prenuptial agreement—commonly referred to as a “prenup”—is not about planning for failure. It’s about creating a foundation of clarity, transparency, and mutual respect.
In Orlando, prenuptial agreements are becoming increasingly popular among couples who want to protect their assets, manage debt, and define financial expectations before walking down the aisle. Whether you’re entering your first marriage, bringing significant assets into the relationship, or simply want to approach your union with thoughtful planning, understanding how prenups work is essential.
As an experienced Orlando prenup lawyer, I’ve created this beginner’s guide to help you understand what prenuptial agreements are, why they matter, and how to create one that aligns with your goals and values.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract between two people who intend to marry. This contract outlines how their financial affairs will be handled during the marriage and in the event of a divorce, legal separation, or death. Prenups typically address:
- Division of assets and debts
- Ownership of property acquired before or during the marriage
- Responsibility for individual or joint debts
- Spousal support or alimony provisions
- Protection of family businesses or inheritances
- Terms for financial support in case of separation
A prenuptial agreement is legally binding, provided it is drafted and executed in accordance with Florida law. As your Orlando prenup lawyer, I can help ensure the agreement is valid, enforceable, and tailored to your specific needs.
Why Would Someone Want a Prenup?
There are many reasons why couples in Orlando choose to create a prenuptial agreement. Some of the most common include:
1. Protecting Premarital Assets:
If one or both parties own property, businesses, retirement accounts, or savings prior to the marriage, a prenup can clarify that these assets will remain separate.
2. Avoiding Future Conflict:
Having a clear agreement in place helps reduce misunderstandings and disagreements about money, property, and financial roles within the marriage.
3. Debt Protection:
A prenup can shield one spouse from the other’s debts, whether they are student loans, credit card balances, or business liabilities.
4. Family and Inheritance Protection:
Prenups can protect family heirlooms, future inheritances, or gifts from parents—especially important in blended families or when children from previous relationships are involved.
5. Supporting Career Flexibility:
If one spouse plans to stay home with children or support the other’s career, the prenup can include provisions for spousal support to recognize these sacrifices.
6. Business Interests:
Entrepreneurs and business owners often use prenuptial agreements to prevent their business assets from being divided or disrupted in a divorce.
As an Orlando prenup lawyer, I’ve seen prenups benefit couples from all walks of life—not just the wealthy. The goal is always to create peace of mind and reduce financial ambiguity.
What Can (and Can’t) Be Included in an Orlando Prenup?
Florida law provides flexibility when it comes to crafting a prenuptial agreement, but there are certain limits. Here’s a breakdown of what’s commonly included—and what’s off-limits.
Things You CAN Include:
- A list of assets that will remain separate property
- Rules for dividing marital property in the event of divorce
- Protection of income earned during the marriage
- Provisions for alimony or waiving spousal support
- Terms for managing joint bank accounts or credit cards
- Plans for dividing household expenses
- Instructions for handling business interests
- Clarifications about ownership of gifts, inheritances, or family trusts
Things You CANNOT Include:
- Child custody or child support decisions (these are determined by the court based on the child’s best interests)
- Provisions that promote divorce (such as incentives for ending the marriage)
- Unconscionable or extremely one-sided clauses
- Anything that violates Florida public policy or criminal law
A skilled Orlando prenup lawyer will ensure your agreement stays within the bounds of Florida law while protecting your interests.
How Prenups Work in Florida: Legal Requirements
Florida follows the Uniform Premarital Agreement Act (UPAA), which outlines what makes a prenuptial agreement valid and enforceable. To ensure your prenup holds up in court, it must meet the following conditions:
1. Voluntary Agreement:
Both parties must enter into the prenup freely and willingly. If either person feels coerced or pressured—especially close to the wedding date—the prenup may be challenged later.
2. Full Financial Disclosure:
Each party must provide a fair and reasonable disclosure of their assets, income, debts, and liabilities. Hiding financial information can lead to invalidation.
3. Written and Signed:
Oral agreements are not valid. Your prenup must be in writing and signed by both parties before the wedding.
4. Executed Before Marriage:
The agreement must be signed prior to the marriage. If the parties marry without signing the prenup, it becomes unenforceable.
5. Fair and Reasonable Terms:
The agreement should not be so one-sided that it shocks the conscience of the court. If the agreement is deemed unconscionable, it may be thrown out.
Working with an Orlando prenup lawyer ensures that your agreement meets all these legal standards and cannot be easily contested in the future.
When Should You Start the Prenup Process?
One of the most common mistakes couples make is waiting too long to start the prenup process. Signing a prenup the week of the wedding—or even a month before—can raise red flags about coercion or lack of time to review the terms.
To avoid these issues, start the prenup conversation early. Ideally, you should begin the process three to six months before your wedding. This allows time to:
- Have open conversations about finances
- Retain separate legal counsel for each party
- Gather financial documents and disclosures
- Negotiate fair and reasonable terms
- Finalize and sign the agreement without pressure
An experienced Orlando prenup lawyer can help guide you through a low-stress timeline that complements your wedding planning schedule.
Do Both Parties Need a Lawyer?
While it is not required by Florida law for each person to have their own lawyer, it is strongly recommended. Courts are much more likely to enforce a prenuptial agreement when:
- Each party was represented by independent counsel
- Both parties understood the terms and consequences
- The agreement was negotiated with fairness and balance
As your Orlando prenup lawyer, I can only represent one party. Your fiancé will need to consult their own lawyer to review the terms and provide independent legal advice. This ensures that the agreement cannot be challenged later on the basis of unfairness or lack of legal counsel.
Common Myths About Prenuptial Agreements
There are a lot of misconceptions surrounding prenups. Let’s clear up a few of the most common ones.
Myth 1: “Prenups are only for the rich.”
Not true. Prenups benefit couples of all income levels. If you have debt, assets, a business, or plans to raise a family, a prenup is a smart idea.
Myth 2: “Getting a prenup means we don’t trust each other.”
Actually, the opposite is true. A prenup is an act of transparency and mutual respect. It opens the door to important financial conversations.
Myth 3: “We’re too young to need a prenup.”
Age has nothing to do with it. Young couples are increasingly choosing prenups to protect student loan repayment strategies, digital assets, or early career investments.
Myth 4: “Prenups guarantee a divorce.”
Not at all. Prenups don’t cause divorce—they help couples navigate one more calmly if it happens. In many cases, they prevent financial conflict and support long-lasting relationships.
Myth 5: “I can just download a prenup template online.”
That’s risky. Templates don’t account for Florida-specific laws, your unique financial situation, or enforceability. Working with an Orlando prenup lawyer is the best way to ensure your agreement protects your future.
What Happens If You Don’t Have a Prenup?
If you marry without a prenuptial agreement in place, Florida’s equitable distribution laws will govern the division of your assets and debts in the event of a divorce. This means:
- Marital property (everything acquired during the marriage) is divided fairly, but not necessarily equally.
- Debts incurred during the marriage may be shared.
- One spouse may be entitled to alimony, depending on the length of the marriage and other factors.
- Your separate assets could be subject to dispute if they became co-mingled with marital funds.
Having a prenup gives you more control over your financial future. Without one, you’re placing those decisions in the hands of a judge.
How an Orlando Prenup Lawyer Can Help
An Orlando prenup lawyer brings experience, strategy, and peace of mind to the process of creating a fair and enforceable prenuptial agreement. Here’s what you can expect when working with a dedicated legal professional:
- Thorough consultation to understand your goals and values
- Customized drafting of the agreement based on your needs
- Strategic advice about financial disclosure and documentation
- Collaboration with your fiancé’s attorney to reach agreeable terms
- Detailed review of final documents before signing
A prenup is one of the most important legal agreements you’ll ever sign. Don’t leave it to chance or generic templates—work with an Orlando prenup lawyer who knows how to protect your interests and ensure the document reflects your intentions.
FAQ: Orlando Prenuptial Agreements
Do prenups cover everything in a marriage?
No. Prenups focus on financial and property-related matters. They cannot address child custody or support, and they must comply with public policy.
Can a prenup protect future earnings?
Yes. You can include clauses that define how future income will be treated, including income from a business, intellectual property, or investments.
Are prenuptial agreements enforceable in Florida?
Yes, provided they meet legal requirements such as voluntariness, full financial disclosure, and fairness.
Can we include a sunset clause in our prenup?
Yes. A sunset clause causes the prenup to expire after a certain number of years or milestones, like the birth of a child.
Do we have to file our prenup with the court?
No. Your prenup is a private contract. It only becomes part of a court file if there is a legal dispute or divorce proceeding.
Can we modify our prenup after marriage?
Yes. You can create a postnuptial agreement if you want to revise your terms after you’re legally married.
How long does the prenup process take?
It varies, but typically takes 4 to 8 weeks. Start early to allow time for thoughtful discussion, revisions, and independent legal review.
What if my fiancé refuses to sign a prenup?
You cannot force anyone to sign a prenup. If they refuse, you can still protect your assets through smart financial planning and proper legal advice.
Will a prenup hurt our relationship?
When handled with care and communication, most couples find that a prenup improves their relationship by promoting trust and clarity.
How much does it cost to hire an Orlando prenup lawyer?
Costs vary depending on the complexity of the agreement. Many lawyers offer flat fees for standard agreements and hourly rates for more complex negotiations.
A prenuptial agreement is more than just a legal document—it’s a tool for building a strong, secure, and informed marriage. If you’re engaged and considering a prenup, don’t wait. Reach out to a trusted Orlando prenup lawyer who can guide you through the process with compassion, clarity, and confidence. Protect your future by planning for it together, today.
The McKinney Law Group: Experienced Divorce Representation for Orlando Clients Who Want Results
At The McKinney Law Group, we provide personalized, results-driven divorce representation for Orlando residentsfacing the challenges of separation. Whether your case involves shared parenting, business assets, or long-term financial planning, we’re here to protect your future every step of the way.
We assist with:
✔ Equitable distribution of marital assets, debts, and real estate
✔ Custom spousal support agreements based on lifestyle and income
✔ Child custody and time-sharing plans that reflect your family’s needs
✔ Guidance through contested or uncontested divorce proceedings
✔ Post-divorce modifications and enforcement when life changes
Let us help you take the next step with confidence, clarity, and strength.
Call 813-428-3400 or email [email protected] to schedule your Orlando divorce consultation today.