When most couples in Orlando start planning a wedding, their attention is on venues, vendors, and vows. But a growing number of engaged partners are adding something else to their to-do list: a prenuptial agreement. Far from being a pessimistic or awkward topic, a thoughtfully drafted prenup can be one of the most empowering and practical decisions you make before marriage.
A well-crafted prenuptial agreement clarifies financial expectations, protects individual assets, and sets a framework for fair handling of property, debts, and spousal support in the event of divorce or death. However, not all prenups are created equal. If it’s vague, incomplete, or fails to follow Florida law, a prenup may be challenged—or thrown out altogether.
As an experienced Orlando prenup lawyer, I help couples build customized, enforceable agreements that reflect their specific circumstances. This blog post serves as an essential checklist for those ready to start the process. Whether you’re a business owner, a young professional, or remarrying later in life, this guide will walk you through everything your Orlando prenup should include.
Why a Checklist Matters in Prenup Drafting
A prenuptial agreement isn’t a standard form—it’s a tailored legal contract. That’s why using a comprehensive checklist is critical. A detailed checklist helps:
- Ensure all assets and debts are considered
- Avoid future disputes by addressing issues proactively
- Protect both parties by aligning expectations
- Reduce the risk of unenforceability in court
When you work with an Orlando prenup lawyer, your agreement will be tailored to your specific situation, but the checklist below offers a powerful starting point.
1. Begin with Full Financial Disclosure
Florida law requires both parties to disclose their assets and liabilities fully and honestly. Failing to do so can render a prenup invalid.
Checklist items:
- List of all real estate holdings and current fair market values
- Documentation of all bank accounts (savings, checking, certificates of deposit)
- Investment accounts (stocks, bonds, mutual funds)
- Retirement accounts (401(k), IRA, pensions)
- Business interests or ownership stakes
- Vehicles, boats, and other titled property
- Credit card debt, student loans, and personal loans
- Expected inheritances (if known)
- Trust interests or life insurance policies
- Cryptocurrency or digital assets
An Orlando prenup lawyer will guide you through this process to ensure each item is properly documented and valued.
2. Define Separate vs. Marital Property
One of the primary reasons people seek a prenup is to protect premarital assets. Clearly defining what remains separate and what becomes marital is key to preventing confusion and conflict.
Checklist items:
- Identify all premarital assets for each party
- State whether appreciation of separate assets during the marriage is also separate or marital
- Clarify whether gifts or inheritances received during the marriage remain separate
- Address co-mingling (e.g., what happens if separate funds are placed into a joint account)
- Specify treatment of future real estate acquisitions
A good Orlando prenup lawyer will use language that protects these categories with clarity and enforceability.
3. Allocate Debt Responsibility
Debt is as important to plan for as assets. Whether you’re entering the marriage with student loans or plan to open joint credit lines, your prenup should address who is responsible for what.
Checklist items:
- Assign responsibility for premarital debts
- Clarify who will pay debts incurred during the marriage
- State how joint debts (e.g., mortgages, business loans) will be handled in divorce
- Address credit card usage and liability
Debt clauses can protect one spouse from being held liable for the other’s financial decisions. As an Orlando prenup lawyer, I make sure these provisions are not only detailed but also practical.
4. Address Spousal Support (Alimony)
Florida law allows couples to include—or waive—spousal support provisions in a prenuptial agreement. However, these clauses must be reasonable and fair at the time of signing and at the time of enforcement.
Checklist items:
- Determine whether spousal support will be waived or included
- If included, specify the duration, amount, and triggering conditions
- Include language for modification due to life changes (illness, job loss, disability)
- Add sunset clauses that limit or eliminate support after a certain time
Your Orlando prenup lawyer will help you draft spousal support terms that are fair and compliant with state standards.
5. Plan for the Marital Home
The marital home often becomes a major point of contention in divorce. Your prenup should set clear rules from the beginning.
Checklist items:
- Identify ownership of the home if acquired before marriage
- Decide whether the home will be sold or transferred upon divorce
- Allocate responsibility for mortgage payments and home improvements
- Include provisions for buyouts or refinancing
- Address post-divorce residency or sale timelines
A well-drafted clause about your home can prevent months of conflict in the future.
6. Consider Business Ownership and Professional Practices
If one or both spouses own a business, a prenup should address ownership and operational control. This protects not only the owner but also any business partners or investors.
Checklist items:
- Identify whether the business is separate property
- Address any appreciation of business value during the marriage
- State whether income from the business is separate or marital
- Decide if the non-owner spouse will receive any share in divorce
- Include confidentiality clauses and non-disclosure provisions
Many entrepreneurs in Orlando rely on prenups to safeguard the longevity and control of their businesses. As an Orlando prenup lawyer, I collaborate with financial advisors and CPAs to tailor business clauses to each client’s unique situation.
7. Include Digital and Intellectual Property
Modern couples must think beyond traditional assets. Digital and intellectual property can have real financial value.
Checklist items:
- Identify ownership of websites, blogs, or monetized social media accounts
- Protect copyrights, trademarks, and patents
- Allocate rights to revenue from online businesses or digital products
- Classify ownership of cryptocurrency wallets or NFTs
- Address digital account access and data rights
This is one of the fastest-growing areas of prenuptial planning, especially among millennial and entrepreneurial couples. An Orlando prenup lawyer can ensure these assets are properly addressed.
8. Protect Family Gifts, Inheritances, and Trusts
Even if you haven’t received a family inheritance yet, it’s smart to include provisions in case that happens during the marriage.
Checklist items:
- Confirm that future inheritances will remain separate
- Prevent co-mingling of inherited funds into marital accounts
- Exclude family trusts or family-owned businesses from division
- Clarify ownership of gifts between spouses
Family members often appreciate knowing that generational wealth is protected by a prenuptial agreement.
9. Determine How Joint Accounts and Expenses Will Be Handled
Marriage usually involves some level of financial merging. Your prenup can define how that process will work.
Checklist items:
- Decide whether you will maintain separate or joint bank accounts
- Outline how bills, mortgages, and household expenses will be shared
- Set expectations for financial contributions (equal or proportionate)
- Include a plan for managing joint savings or investment accounts
This level of financial planning is one of the most practical benefits of creating a prenup with an Orlando prenup lawyer.
10. Include a Sunset Clause (Optional)
A sunset clause causes your prenup to expire after a certain event or period of time, such as 10 years of marriage or the birth of a child.
Checklist items:
- Specify the date or milestone for expiration
- Clarify which provisions, if any, will remain enforceable after expiration
- Provide options for renegotiation or conversion into a postnuptial agreement
Not all couples want a sunset clause, but it’s a useful tool for some.
11. Include a Choice of Law Provision
Your agreement should clearly state which jurisdiction’s laws will govern its interpretation. This is especially important if you or your fiancé have ties to another state or country.
Checklist items:
- State that Florida law will govern the agreement
- Identify any cross-jurisdictional considerations
- Avoid ambiguity that could invite challenges
As your Orlando prenup lawyer, I will ensure that your agreement complies fully with Florida legal standards and procedures.
12. Include Procedural Fairness and Independent Legal Representation
To maximize enforceability, your agreement should document that both parties had a fair opportunity to review the prenup, and that each received independent legal advice.
Checklist items:
- Document that both parties signed voluntarily
- Include statements acknowledging independent legal counsel
- Attach certificates of legal advice if available
- Confirm that the agreement was signed well in advance of the wedding
- Include a notary acknowledgment
A properly executed agreement with documented legal representation is much harder to challenge later.
13. Include a Dispute Resolution Clause
In the event of divorce, your prenup can guide how disputes will be resolved. Some couples choose mediation or arbitration to reduce the time, cost, and emotional toll of litigation.
Checklist items:
- Select dispute resolution method (mediation, arbitration, or litigation)
- Name a preferred service provider or framework (e.g., American Arbitration Association)
- Define how costs will be shared in the event of a dispute
An Orlando prenup lawyer can help draft these clauses in a way that supports an amicable resolution if the agreement is ever enforced.
14. Address Future Modifications
Your prenup should include instructions for how modifications will be made if your financial situation or family structure changes.
Checklist items:
- Outline how amendments must be made (in writing, signed, notarized)
- Clarify whether certain clauses can be modified or are permanent
- Consider including a review period (e.g., every five years)
Some couples prefer to revisit their prenup periodically as their circumstances evolve. Having clear rules for changes keeps the agreement up-to-date and enforceable.
FAQ: Comprehensive Prenups in Orlando
Do we need a prenup if neither of us is wealthy?
Yes. Prenups aren’t just for high-net-worth individuals. They help define how assets and debts will be handled, regardless of income.
What happens if we don’t disclose everything?
Failure to fully disclose your finances can render the prenup invalid. Transparency is critical to enforceability.
Can we write our own prenup using an online template?
Templates are risky and often fail to comply with Florida law. Working with an experienced Orlando prenup lawyer ensures your agreement is valid and enforceable.
What if my fiancé doesn’t want to hire a separate attorney?
While Florida doesn’t require independent legal counsel, courts are much more likely to uphold prenups when both parties have their own lawyers.
Can we include child support or custody terms in our prenup?
No. Florida law prohibits including child custody or support arrangements in prenups. Those issues are decided by the court based on the child’s best interests.
Is a prenup valid if signed close to the wedding?
Signing a prenup shortly before the wedding may invite claims of coercion or duress. It’s best to finalize it well in advance—at least 30 to 60 days before the wedding.
Can we change our prenup after marriage?
Yes. You can create a postnuptial agreement to amend or supplement your prenup if circumstances change.
Do we have to file our prenup with the court?
No. Prenups are private contracts. They only become part of the court record if there’s a divorce or legal challenge.
Can we include our pets in the prenup?
Yes. While pets are considered property under the law, your prenup can include provisions about custody, expenses, and care arrangements.
What is the role of an Orlando prenup lawyer?
An Orlando prenup lawyer helps you draft, review, and finalize your agreement in a way that meets Florida legal standards while protecting your interests and goals.
A prenuptial agreement should never be rushed, vague, or generic. If you’re preparing for marriage in Orlando, take the time to do it right. With the help of a skilled Orlando prenup lawyer and the checklist above, you can create an agreement that offers clarity, peace of mind, and long-term protection for both you and your future spouse.
The McKinney Law Group: Divorce Representation in Orlando That Protects What Matters Most
At The McKinney Law Group, we guide Orlando clients through divorce with a focus on protecting their future, their finances, and their family. Whether your case is amicable or high-conflict, we offer personalized, strategic legal supportevery step of the way.
We assist with:
✔ Equitable distribution of marital assets, real estate, and retirement accounts
✔ Spousal support tailored to your financial needs and goals
✔ Child custody and parenting plans designed for long-term stability
✔ Representation in both uncontested and contested divorce cases
✔ Support for modifications, enforcement, and post-divorce planning
We’re here to help you move forward—with confidence, clarity, and trusted legal advocacy.
Call 813-428-3400 or email [email protected] to schedule your Orlando divorce consultation today.