A prenuptial agreement can be one of the most effective legal tools for couples who want clarity and security before entering marriage. When drafted properly, it protects both parties, reduces the risk of conflict, and ensures that decisions about property, assets, and debts are made in advance. When drafted poorly, it can be challenged in court, invalidated, or fail to provide the protection you expected.
Working with a qualified St. Petersburg prenuptial agreement lawyer is the best way to avoid the pitfalls that often occur in the drafting process. Even so, understanding the most common mistakes will help you recognize potential problems before they arise.
Waiting Until the Last Minute
One of the most common—and most damaging—mistakes is finalizing a prenuptial agreement just days before the wedding. When there is little time between signing and the ceremony, one party may later argue they signed under pressure. This can result in the agreement being challenged or even thrown out entirely.
Starting the process months before the wedding allows time for thoughtful discussion, negotiation, and legal review. A St. Petersburg prenuptial agreement lawyer can create a timeline that ensures no one feels rushed and that the document is signed without any appearance of coercion.
Failing to Provide Full Financial Disclosure
Florida law requires both parties to make a full and honest disclosure of their assets, debts, and income before signing a prenuptial agreement. Leaving out information—whether intentionally or accidentally—can make the agreement unenforceable.
Your St. Petersburg prenuptial agreement lawyer will guide you through preparing a detailed financial disclosure that includes:
- Bank accounts
- Real estate holdings
- Investment accounts
- Retirement accounts
- Business interests
- Liabilities such as loans and credit card debt
Without this transparency, the agreement can be attacked later for lack of disclosure.
Using Vague or Ambiguous Language
An agreement that contains vague terms invites disputes. For example, stating that “all property will remain separate” without defining “property” leaves too much room for interpretation.
A skilled St. Petersburg prenuptial agreement lawyer will ensure your agreement uses precise legal language that clearly defines all key terms, including “marital property,” “separate property,” and “income.” This precision leaves little room for disagreement about what the agreement means.
Relying on Generic Templates
Online templates may seem like a quick and affordable option, but they rarely account for Florida’s specific legal requirements or your unique financial situation. Many lack the necessary detail, use language that does not comply with state law, or fail to address the complexities of your personal assets.
A St. Petersburg prenuptial agreement lawyer will tailor your agreement to your circumstances, ensuring it meets all legal standards and addresses the issues most relevant to you.
Not Addressing Debt Responsibility
A prenuptial agreement should address not only assets but also debts. Without clear terms, debts acquired during the marriage could be treated as joint obligations—even if only one spouse incurred them.
Your agreement can specify:
- Which debts remain the responsibility of the spouse who incurred them
- Whether marital funds can be used to pay separate debts
- How joint debts will be handled in the event of divorce
A St. Petersburg prenuptial agreement lawyer will make sure debt allocation is addressed in detail.
Ignoring the Impact of Commingling Assets
Even if property is classified as separate, it can become marital property through commingling. This happens when separate funds are mixed with marital funds or when marital funds are used to improve separate property.
Your agreement should explain how to avoid commingling and address what will happen if it occurs. A St. Petersburg prenuptial agreement lawyer can include provisions that protect the original separate property status while providing practical guidance for maintaining that separation.
Overlooking Future Changes in Circumstances
A prenuptial agreement should account for the possibility of changes in your financial or personal situation. Without this foresight, the agreement may become outdated or impractical.
Your St. Petersburg prenuptial agreement lawyer can include clauses that address:
- The birth or adoption of children
- Significant increases in income or assets
- Career changes that impact earning potential
- Relocation to another state
By planning for these possibilities, you reduce the risk of disputes later.
Including Provisions That Cannot Be Enforced
Certain provisions are not enforceable under Florida law, such as those determining child custody or waiving child support. Including these in your agreement can undermine its credibility or invite challenges in court.
A St. Petersburg prenuptial agreement lawyer will ensure your agreement focuses on enforceable terms that courts in Florida will uphold.
Skipping Independent Legal Representation
Although Florida law does not require each spouse to have their own attorney, it is strongly recommended. Independent legal representation makes it harder for one spouse to claim they did not understand the agreement or that it was unfair.
Your St. Petersburg prenuptial agreement lawyer can represent your interests while encouraging your future spouse to consult their own attorney for a balanced and fair process.
Making the Agreement Too One-Sided
An agreement that heavily favors one party can be challenged as unconscionable, especially if it leaves the other party without reasonable financial resources. While it is acceptable to protect your assets, the agreement should not be so one-sided that it appears unfair.
A St. Petersburg prenuptial agreement lawyer can help create balanced terms that protect your interests while reducing the risk of being overturned.
Failing to Sign the Agreement Properly
For a prenuptial agreement to be valid in Florida, it must be in writing, signed by both parties, and executed before the wedding. Although notarization is not required, it is recommended for additional proof of authenticity.
Your St. Petersburg prenuptial agreement lawyer will ensure the signing process follows proper legal protocol, preserving the agreement’s enforceability.
Forgetting to Update the Agreement
Circumstances can change after marriage. If your financial situation changes significantly, or if new assets are acquired, the original agreement may no longer reflect your needs.
Your St. Petersburg prenuptial agreement lawyer can help you create a postnuptial agreement to update or amend the original terms as needed.
Frequently Asked Questions
1. How far in advance should a prenuptial agreement be signed?
Ideally, it should be signed several months before the wedding to allow for negotiation and avoid any appearance of coercion.
2. Can we include spousal support terms in the agreement?
Yes, but the terms must be reasonable. Courts may not enforce provisions that would leave one spouse unable to meet basic needs.
3. Do both parties have to have separate attorneys?
Not legally required, but strongly recommended to protect the agreement’s validity.
4. Can the agreement protect future assets?
Yes. You can specify how assets acquired after marriage will be classified.
5. What happens if we commingle assets after marriage?
Commingling can turn separate property into marital property. Your agreement should include provisions to prevent this.
6. Is full financial disclosure required?
Yes. Failure to disclose all assets and debts can result in the agreement being invalidated.
7. Can the agreement be changed later?
Yes. It can be amended through a postnuptial agreement if both spouses agree.
8. Will the agreement affect child custody or support?
No. These issues are determined by the court at the time of separation, based on the child’s best interests.
9. Can we address debts in the agreement?
Yes. You can assign responsibility for existing debts and decide how future debts will be handled.
10. What if one party refuses to sign?
A prenuptial agreement must be voluntary. Without mutual consent, there can be no enforceable agreement.
The McKinney Law Group: Customized Prenups for St. Petersburg Couples
No two relationships are alike—your prenup shouldn’t be either. We create tailored agreements for St. Petersburg clients that reflect their priorities, assets, and long-term plans.
Call 813-428-3400 or email [email protected] to get started.