A practical checklist for organizing financial disclosure and terms before drafting a Florida marital agreement.
How to use this checklist
This checklist organizes the categories of information and decisions that typically precede a well-prepared Florida prenuptial or postnuptial agreement. It is not a substitute for individualized legal advice, and each party is generally best served by separate counsel reviewing the terms.
Disclosure is the foundation of enforceability
Florida's enforceability standards look closely at whether each party had a fair opportunity to understand the other's financial picture before signing. Assembling complete, accurate disclosure early is the single most consequential step in the process, more so than any individual clause in the agreement.
Timing shapes the entire process
Agreements negotiated and signed with meaningful time before the wedding are generally viewed more favorably than those finalized at the last minute, which can raise questions about voluntariness. Postnuptial agreements avoid the wedding-date pressure entirely but carry their own considerations, since the parties are already married when they negotiate.
Where preparation commonly falls short
- Disclosure schedules that omit assets, debts, or business interests because they seemed immaterial.
- Both parties using the same attorney, which undermines the independent-review standard.
- Terms drafted so one-sidedly that they invite a later unconscionability challenge.
- Signing within days of the wedding, leaving little time for review or negotiation.
Working checklist
What to prepare
Financial disclosure: assets
- Bank and investment account statements for all accounts
- Real property deeds and current valuations
- Business ownership interests, including valuations or recent financial statements
- Retirement accounts and pension statements
- Valuable personal property, such as vehicles, jewelry, or collections
- Digital assets and cryptocurrency holdings, if any
Financial disclosure: liabilities and income
- Outstanding loans, mortgages and lines of credit
- Credit card balances and other consumer debt
- Recent tax returns
- Current income sources and pay statements
- Any pending litigation or claims with financial exposure
Deciding on scope and goals
- Identify separate property each party wants to protect
- Discuss how property acquired during the marriage will be characterized
- Consider whether spousal support terms will be addressed and within what limits
- Discuss treatment of a business interest, including appreciation during the marriage
- Consider provisions for debt responsibility
Engaging counsel
- Each party retains separate, independent counsel
- Confirm each attorney has reviewed the complete disclosure before drafting begins
- Discuss and document any points of negotiation in writing
- Allow adequate time for review and revisions before any signing deadline
Execution and follow-through
- Confirm the agreement is signed voluntarily, without coercion or last-minute pressure
- Execute the agreement with any formalities required under Florida law, such as proper witnessing
- Store signed originals and disclosure schedules securely, with copies for each party
- Calendar a periodic review of the agreement's terms, particularly after major life changes
Answers
Frequently asked questions
- How far in advance of the wedding should a prenup be signed?
- Florida law does not set a fixed number of days, but agreements signed with meaningful time before the wedding, rather than at the last minute, are generally viewed more favorably in later enforceability review.
- Can both spouses use the same attorney?
- Each party is generally best served by separate, independent counsel. Shared representation can undermine the fairness of the process and later enforceability of the agreement.
- Is a postnuptial agreement prepared differently than a prenup?
- The disclosure and drafting process is similar, but timing pressure tied to a wedding date is not a factor. Because the parties are already married, other considerations specific to postnuptial agreements should be discussed with counsel.
- What happens if one spouse does not fully disclose their finances?
- Incomplete or inaccurate disclosure is a common basis for later challenges to an agreement's enforceability, which is why complete disclosure is treated as a foundational step rather than a formality.
Official sources
Consult the official sources above for current rules and procedures.