A prenuptial agreement is one of the most important legal tools a couple can use to define their financial rights and responsibilities before marriage. In Florida, a properly drafted prenup can protect separate property, set rules for dividing marital assets, and address spousal support in the event of divorce. Without a prenup, those matters will be decided under Florida’s equitable distribution laws, which may not align with the couple’s intentions.
The process of creating a valid and enforceable prenup is not something that should be rushed or handled casually. It requires careful planning, precise language, and full compliance with Florida’s legal requirements. Working with an experienced Orlando prenup lawyer ensures that every step is handled correctly and that the final agreement will stand up in court if challenged.
Step 1: Understanding the Purpose of a Prenup
Before beginning the drafting process, both parties should have a clear understanding of what a prenup can and cannot do under Florida law. A prenup can address:
- Classification of property as separate or marital.
- Division of assets and debts in divorce.
- Spousal support, including waivers or limitations.
- Inheritance rights and estate planning coordination.
- Ownership and control of businesses.
A prenup cannot determine child custody or child support, as those matters are decided at the time of divorce based on the child’s best interests. An Orlando prenup lawyer will explain these limitations so expectations are realistic from the start.
Step 2: Selecting Independent Legal Counsel
While Florida law does not require each party to have separate legal representation, having independent counsel for both spouses greatly increases the likelihood of enforcement. Independent lawyers ensure that each party understands the terms and enters into the agreement voluntarily.
If only one spouse has an attorney, the risk of a future challenge on grounds of unfairness or lack of understanding increases. An Orlando prenup lawyer will recommend that both parties retain their own counsel and will work cooperatively with the other attorney to finalize terms.
Step 3: Starting the Process Early
Timing plays a major role in the enforceability of a prenup. If the agreement is signed too close to the wedding date, one party may claim they felt pressured. Courts in Florida look for evidence that both parties had adequate time to review the terms, consult lawyers, and negotiate changes.
Ideally, the process should begin several months before the wedding. An Orlando prenup lawyer can help set a realistic timeline that allows for careful drafting, review, and revisions without last-minute pressure.
Step 4: Full and Fair Financial Disclosure
Florida law requires full and fair disclosure of each party’s assets, debts, income, and other financial obligations before signing a prenup. This disclosure must be detailed enough to give the other party a complete picture of the financial landscape.
The disclosure should include:
- Bank account balances.
- Investment and retirement account statements.
- Real estate holdings and valuations.
- Business interests and income.
- Outstanding debts and liabilities.
Failure to disclose significant information can give the other party grounds to challenge the agreement later. An Orlando prenup lawyer will prepare detailed disclosure schedules to attach to the agreement for clarity and proof.
Step 5: Identifying Goals and Priorities
A prenup should reflect the specific needs and concerns of the couple. Some may focus on protecting premarital assets, while others may want to establish alimony terms or protect a business.
Both parties should discuss their goals openly before drafting begins. These discussions should cover:
- Which assets should remain separate property.
- How marital property will be divided.
- How marital debts will be allocated.
- Whether spousal support will be waived, limited, or guaranteed.
- How inheritances and gifts will be treated.
An Orlando prenup lawyer will use these priorities as a foundation for drafting customized provisions.
Step 6: Drafting the Agreement
With goals established and disclosures complete, the drafting process begins. The prenup must be in writing and signed by both parties before marriage to be valid in Florida.
Key elements include:
- Clear definitions of marital and separate property.
- Rules for division of property and debts in divorce.
- Provisions on spousal support.
- Clauses on handling income from separate property.
- Terms for real estate and business ownership.
- Inheritance rights and waivers.
An Orlando prenup lawyer will ensure the language is clear, precise, and free of ambiguity that could lead to disputes.
Step 7: Reviewing and Negotiating Terms
Once the initial draft is complete, it should be provided to both parties and their lawyers for review. Negotiations may be necessary to address concerns, revise terms, or add new provisions.
It is important that both parties feel the final agreement is fair. An agreement perceived as extremely one-sided can be challenged as unconscionable. An Orlando prenup lawyer will work toward balanced terms that protect both parties’ interests while still achieving the primary goals.
Step 8: Executing the Agreement
Execution is the formal signing of the prenup. Florida law requires that it be signed before the marriage, but notarization is not mandatory for validity. Nevertheless, notarization is recommended as it provides additional proof of authenticity.
The signing should occur well before the wedding date and in a setting where neither party feels rushed or pressured. Each party should leave with a signed copy for their records. An Orlando prenup lawyer will oversee the execution to ensure all procedural requirements are met.
Step 9: Safekeeping the Agreement
A prenup is only useful if it can be produced when needed. After signing, the agreement should be stored in a safe place, with copies held by both parties and their lawyers.
Digital backups can also be kept in secure, encrypted storage. An Orlando prenup lawyer will advise on best practices for storing the agreement to protect against loss or unauthorized access.
Step 10: Reviewing and Updating as Needed
Life circumstances can change after marriage. New assets may be acquired, businesses may grow, and children may be born. Florida law allows couples to amend or revoke a prenup after marriage by mutual written agreement.
Regular reviews—especially after significant life changes—help ensure the agreement continues to reflect the couple’s intentions. An Orlando prenup lawyer can update the agreement to keep it relevant and enforceable.
Why Working With an Orlando Prenup Lawyer Matters
The enforceability of a prenup depends on more than just meeting basic legal requirements. Courts consider whether the process was fair, whether both parties understood the terms, and whether the agreement is reasonable under the circumstances.
An experienced Orlando prenup lawyer will:
- Guide the process from start to finish.
- Ensure full compliance with Florida law.
- Draft clear, enforceable provisions.
- Anticipate and address potential challenges.
- Protect the agreement from procedural vulnerabilities.
This professional guidance helps secure the intended protections and reduces the risk of litigation.
Frequently Asked Questions
Can we use one lawyer for both of us?
It is not prohibited, but it is strongly recommended that each party have their own attorney to ensure independent advice and reduce the risk of future challenges.
How early should we start the prenup process?
Starting at least three to four months before the wedding allows for full disclosure, negotiation, and execution without pressure.
Do we have to disclose all of our assets?
Yes. Full and fair disclosure is required under Florida law, and failure to do so can make the agreement unenforceable.
Can we include lifestyle clauses in a Florida prenup?
Yes, but provisions unrelated to financial matters may be unenforceable. The focus should remain on property, debt, and spousal support.
Can a prenup be changed after marriage?
Yes. Couples can amend or revoke a prenup after marriage by mutual written agreement.
Does a prenup override Florida’s inheritance laws?
Yes, if it includes valid waivers of rights such as the elective share and homestead rights.
The McKinney Law Group: Orlando Prenup Lawyers for Modern Marriages
Today’s marriages often involve blended families, business ownership, and significant assets. We help Orlando couples create prenuptial agreements that address these realities with fairness and foresight.
Call 813-428-3400 or email [email protected] to schedule your consultation.