Marriage is a legal and emotional union, and for many Orlando couples, preparing for that union includes more than just wedding planning. One of the most important, and often misunderstood, legal tools available to engaged couples is the prenuptial agreement. While prenups were once considered taboo or unromantic, they’ve become increasingly common—especially in Florida, where protecting assets, business interests, and financial expectations is a smart move for couples entering marriage.
But are prenups right for everyone? And what are the real advantages and drawbacks?
In this blog, we’ll explore the pros and cons of prenuptial agreements, particularly for couples in Orlando. Whether you’re getting married for the first time, entering a second marriage, or simply want clarity about your financial future, an experienced Orlando prenup attorney can help you decide if a prenup makes sense for you—and how to structure one that works.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a legally binding contract entered into before marriage that outlines how assets, debts, income, and financial responsibilities will be handled during the marriage and in the event of divorce or death.
Under Florida law, prenups are governed by the Uniform Premarital Agreement Act (UPAA). A valid prenup must be:
- In writing
- Voluntarily signed by both parties
- Based on full and fair financial disclosure
- Not unconscionable or the result of fraud, duress, or coercion
While a prenup cannot limit child support or custody rights (those decisions are reserved for the court), it can address nearly every other financial matter—making it a powerful planning tool when drafted by a knowledgeable Orlando prenup attorney.
The Pros of a Prenuptial Agreement
✅ Clarity and Certainty
One of the most significant advantages of a prenuptial agreement is clarity. A prenup allows couples to define their financial rights and responsibilities before marriage. This can include:
- Who owns what going into the marriage
- How marital property will be divided
- Responsibility for debts
- Treatment of business interests
- Terms for spousal support or alimony
Having these issues resolved in advance reduces uncertainty and sets realistic expectations for both spouses.
✅ Protecting Premarital Assets
If you’re entering the marriage with significant assets—real estate, investments, a retirement account, or an inheritance—a prenup can keep those assets separate and prevent them from being subject to equitable distribution in a divorce.
An Orlando prenup attorney can structure provisions that clearly define what remains separate and how any appreciation will be handled.
✅ Business Protection
If you own a business or professional practice in Orlando, a divorce could expose it to division, valuation, or sale. A prenup can:
- Designate the business as separate property
- Limit spousal claims to appreciation
- Protect against forced liquidation
This is particularly important for entrepreneurs, small business owners, and medical or legal professionals with practices.
✅ Debt Protection
A prenup can protect you from being liable for your spouse’s premarital or marital debts, including:
- Credit card balances
- Student loans
- Business debts
- Judgments
By allocating responsibility for debt in advance, couples can avoid disputes and financial surprises later.
✅ Streamlining Divorce
While no one wants to think about divorce at the beginning of a marriage, the reality is that many marriages do end. A prenup can:
- Reduce litigation costs
- Avoid contentious asset battles
- Clarify alimony expectations
- Simplify the division of property
This makes divorce less adversarial, more efficient, and less emotionally draining.
✅ Encouraging Communication
Creating a prenup requires open conversations about finances, goals, and values. For many couples, it becomes a healthy exercise in transparency. With the help of an Orlando prenup attorney, this process can strengthen trust—not weaken it.
✅ Protecting Children from a Prior Relationship
If you have children from a previous marriage, a prenup can ensure that your estate is distributed according to your wishes, rather than default Florida law. You can:
- Carve out inheritances for your children
- Limit what your new spouse receives
- Coordinate with your estate plan
This is especially important in blended families and second marriages.
The Cons of a Prenuptial Agreement
While prenups offer many benefits, they’re not right for everyone. Here are some potential downsides to consider:
❌ Perceived Lack of Trust
Some partners view a prenup as a sign that their future spouse doesn’t fully trust them or doesn’t believe in the longevity of the marriage. This emotional reaction can cause tension, particularly if one person initiates the discussion late in the engagement.
An Orlando prenup attorney can help frame the conversation as financial planning—not emotional distrust.
❌ Uneven Bargaining Power
If one party has significantly more assets, income, or sophistication, the other may feel pressured to sign. A prenup that appears coercive or was signed under duress can later be challenged and invalidated.
To ensure fairness, both parties should:
- Have separate attorneys
- Receive full financial disclosures
- Have ample time to review and consider the agreement
This reduces the risk of the prenup being thrown out later.
❌ Can Limit Flexibility
Prenups are binding unless modified by agreement. Life circumstances—children, careers, health—can change over time. A rigid prenup may not adapt well to these changes unless carefully drafted with modification clauses.
❌ Might Not Cover Everything
While prenups can address a wide range of financial matters, they cannot:
- Predetermine child support
- Waive parental rights
- Control custody or visitation
These issues will always be subject to court review and determination based on the best interests of the child.
❌ Risk of Improper Drafting
Poorly drafted prenups are often unenforceable. Common mistakes include:
- Failure to disclose assets
- Vague or ambiguous language
- Lack of independent counsel
- Last-minute signing
An experienced Orlando prenup attorney ensures your agreement is clear, comprehensive, and compliant with Florida law.
Who Should Consider a Prenuptial Agreement?
A prenup may be particularly beneficial if you:
- Own a business or professional practice
- Have substantial savings or real estate
- Expect a large inheritance
- Are entering a second marriage
- Have children from a prior relationship
- Are marrying someone with significant debt
- Want to avoid litigation in the event of divorce
Even couples with modest assets can benefit from the clarity and planning that a prenup provides.
Timing and Procedure: When and How to Get a Prenup
Start Early
Ideally, the prenup discussion should happen several months before the wedding. This gives both parties time to:
- Discuss concerns
- Consult with separate attorneys
- Review financial disclosures
- Negotiate terms
Signing a prenup too close to the wedding can raise red flags and increase the risk of it being challenged.
Use Independent Legal Counsel
Each party should have their own attorney to avoid conflicts of interest and ensure informed consent. An Orlando prenup attorney can explain the legal implications and negotiate fair terms.
Disclose Everything
Each party must disclose their:
- Income
- Assets and debts
- Business interests
- Retirement accounts
- Expected inheritances (if known)
Failure to disclose material financial information can lead to the prenup being thrown out in court.
Sign with Formality
Prenups must be:
- In writing
- Signed voluntarily
- Executed before the marriage
- Notarized or signed in front of witnesses (recommended)
Modifying or Invalidating a Prenup
Prenups can be modified or revoked at any time after marriage by mutual agreement, as long as the changes are:
- In writing
- Signed by both parties
- Voluntary and informed
Prenups may be invalidated if:
- They were signed under duress or coercion
- There was fraud or incomplete disclosure
- The terms are unconscionable or overly one-sided
- One party didn’t have an attorney or time to review
To prevent future litigation, your Orlando prenup attorney will ensure the agreement is fair, transparent, and legally enforceable.
Frequently Asked Questions
Q: Is a prenup valid if one party doesn’t have a lawyer?
A: While not legally required, having independent counsel strengthens the prenup’s enforceability. Courts are more likely to uphold agreements where both parties had proper legal advice.
Q: Can a prenup protect my retirement account?
A: Yes. A properly drafted prenup can keep retirement savings acquired before marriage separate and define how any marital contributions are handled.
Q: Can a prenup waive alimony?
A: Yes, but the waiver must be clear and not unconscionable. The court may refuse to enforce a waiver if it would leave one party destitute.
Q: What if we don’t have any assets now?
A: A prenup can still plan for the future—covering potential income, business ventures, and inheritances.
Q: Can we include lifestyle clauses (like fidelity)?
A: Lifestyle clauses are allowed in Florida, but they are generally not enforceable unless they have clear financial terms and don’t violate public policy.
Q: Can a prenup cover future debts?
A: Yes. A prenup can allocate responsibility for both premarital and future debts incurred during the marriage.
Q: What happens if we move out of Florida?
A: Most states recognize valid prenups, but enforcement rules vary. A properly drafted agreement from an Orlando prenup attorney is likely to be enforceable elsewhere.
Q: What if we want to change our prenup later?
A: You can amend or revoke a prenup after marriage through a postnuptial agreement.
Q: Does a prenup expire?
A: Not automatically, but some include sunset clauses that terminate the agreement after a certain number of years or if children are born.
Q: How much does a prenup cost?
A: Costs vary depending on complexity, but it’s often a fraction of what you’d spend on a contested divorce without one.
Final Thoughts
For many Orlando couples, prenuptial agreements offer peace of mind, financial protection, and a clear framework for the future. But like any legal document, the quality of the agreement depends on how it’s drafted, negotiated, and executed.
A good prenup is:
- Clear and understandable
- Customized to your needs
- Built on full disclosure and fairness
- Created with the help of experienced legal counsel
An experienced Orlando prenup attorney can help you understand your options, avoid common pitfalls, and create an agreement that protects both partners and supports a strong marital foundation.
Whether you’re just starting the conversation or ready to begin drafting your prenup, take the next step with confidence—and make sure your agreement is as solid as your relationship.
The McKinney Law Group: Clear, Fair Prenuptial Agreements for Orlando Couples
A well-drafted prenuptial agreement can offer peace of mind and open the door to stronger financial communication in your marriage. At The McKinney Law Group, we help Orlando couples create personalized, enforceable prenups that protect individual assets and reflect shared goals.
We assist with:
✔ Protecting personal property, savings, and business interests
✔ Outlining responsibilities for income, debt, and future assets
✔ Customizing spousal support terms or waivers
✔ Preserving inheritances and generational wealth
✔ Drafting Florida-compliant agreements with clarity and respect
Whether you’re planning your first marriage or bringing assets into a new chapter, we’ll help you prepare with confidence.
Call 813-428-3400 or email [email protected] to schedule your Orlando prenup consultation.