Florida Marital Agreement FAQs

Answers

Frequently asked questions

What is a prenuptial agreement?

A written agreement entered into before marriage that addresses how property, debts and in some cases spousal support will be treated during the marriage or in the event of divorce or death.

Is a postnuptial agreement different from a prenuptial agreement?

The substantive content is similar, but a postnuptial agreement is entered into after the marriage has already occurred, which affects the disclosure and consideration analysis relevant to enforceability.

Can a prenuptial agreement protect a business I own before marriage?

Generally yes. A properly drafted agreement can address the premarital business itself, its appreciation during the marriage and any income derived from it.

What makes a Florida prenuptial agreement enforceable?

Key factors generally include voluntary execution, full and fair financial disclosure and the absence of fraud, duress, or unconscionability at the time of signing.

Do both parties need their own lawyer?

Independent representation is not always legally required but is strongly advisable, since it supports the voluntariness of the agreement and reduces later challenges.

Can a prenuptial agreement address child support?

No. Child support and custody matters are generally determined based on the child's best interests at the relevant time and cannot be predetermined by a marital agreement.

Can a postnuptial agreement be used to address a new business started during marriage?

Yes, postnuptial agreements are often used precisely for this purpose, to clarify ownership and treatment of a business interest acquired or growing after the marriage began.

What happens if we don't have a prenuptial agreement?

Without an agreement, division of assets and any support obligations upon divorce are determined under Florida's default equitable distribution and support statutes.

Can a marital agreement be changed later?

Yes, spouses can amend or revoke an agreement by mutual written consent and significant life changes are a common reason to revisit an existing agreement.

How does full financial disclosure work in a prenuptial agreement?

Each party typically provides a schedule of assets, liabilities and income to the other before signing, which supports the agreement's later enforceability.

Can a prenuptial agreement waive alimony entirely?

Florida law permits alimony waivers in a properly executed agreement, though courts may still scrutinize such waivers for fairness at the time of enforcement.

What is a marital settlement agreement?

It is an agreement, typically reached during a divorce, resolving division of property, support and other issues between the spouses, submitted for court approval as part of the dissolution.

How far in advance of the wedding should a prenuptial agreement be signed?

Signing well in advance of the wedding date, with adequate time for review and negotiation, supports an argument that the agreement was entered voluntarily and without pressure.

Does a prenuptial agreement need to be notarized?

Formal execution requirements should be confirmed for the specific agreement, but proper execution and witnessing practices are generally followed to support enforceability.

Can cohabiting but unmarried couples get similar protection?

Yes, a cohabitation agreement can address property and financial matters for couples who are not married, though it operates under a different legal framework than a prenuptial agreement.