Prenuptial Agreement Attorney St. Augustine, FL

Florida Prenuptial Agreements: Protecting Your Future Before You Say “I Do”

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A prenuptial agreement — commonly called a "prenup" — is a legally binding contract entered into before marriage that defines how assets, debts, and spousal support will be handled if the marriage ends in divorce or death. In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act, codified in Florida Statute 61.079.

Christine Leonard is a trial-tested family law attorney who drafts prenuptial agreements designed to withstand judicial scrutiny. She understands the statutory requirements, the common grounds for challenges, and the precise drafting techniques that make a prenup enforceable. Whether you are protecting a business, an inheritance, real estate holdings, or retirement accounts, Christine builds agreements that hold up in court.

What Can Be Included in a Florida Prenup

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Under F.S. 61.079, a prenuptial agreement in Florida can address a wide range of financial matters:

Property rights and obligations. You can define which assets remain separate property and which become marital property. This is critical for protecting pre-marital assets, family businesses, investment portfolios, and real estate holdings.

Spousal support (alimony). A prenup can waive, limit, or set terms for alimony in the event of divorce. This is one of the most commonly negotiated provisions in premarital agreements.

Disposition of property upon death. The agreement can address how property will be distributed if one spouse passes away, supplementing or modifying estate planning documents.

Debt allocation. You can specify that each party is responsible for their own pre-marital debts, protecting one spouse from the other's student loans, credit card balances, or business liabilities.

Management of marital assets. The agreement can establish how joint finances will be managed during the marriage, including investment decisions, property purchases, and business operations.

What Cannot Be Included in a Florida Prenup

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Florida law places clear limits on what a prenuptial agreement can address:

Child custody and timesharing. A prenup cannot predetermine child custody arrangements. Florida courts always determine custody based on the best interests of the child at the time of divorce.

Child support. Child support is a right that belongs to the child, not the parents. No prenuptial agreement can waive or limit a child's right to support.

Unconscionable terms. Any provision that is grossly unfair or one-sided at the time of enforcement may be struck down by the court, even if it was voluntarily signed.

Enforceability: What Makes a Prenup Hold Up in Court

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A prenuptial agreement is only as good as its enforceability. Florida courts will uphold a prenup if the following conditions are met:

Voluntary execution. Both parties must enter the agreement voluntarily, without duress, coercion, or undue pressure. Signing a prenup the night before a wedding raises serious red flags.

Full financial disclosure. Each party must provide a fair and reasonable disclosure of their property and financial obligations. Hidden assets or income can invalidate the entire agreement.

Written and signed. The agreement must be in writing and signed by both parties. Oral prenuptial agreements are not enforceable in Florida.

Independent legal counsel. While not strictly required by statute, having both parties represented by separate attorneys dramatically strengthens enforceability. A court is far more likely to uphold an agreement when both sides had independent legal advice.

Not unconscionable. The agreement cannot be so one-sided that it shocks the conscience of the court. Christine Leonard drafts balanced agreements that protect her clients while maintaining enforceability.

When Should You Get a Prenuptial Agreement?

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A prenuptial agreement is particularly important in the following situations:

You own a business. Without a prenup, your spouse may be entitled to a share of your business value in a divorce. A properly drafted agreement can protect your business interests and ensure operational continuity.

You have significant pre-marital assets. Real estate, investment accounts, retirement funds, and other assets acquired before marriage can be protected through a prenuptial agreement.

You are entering a second or subsequent marriage. If you have children from a prior relationship, a prenup can ensure that your assets pass to your children rather than a new spouse in the event of your death or divorce.

You expect an inheritance. While inheritances are generally considered non-marital property in Florida, commingling inherited assets with marital funds can change their classification. A prenup provides an additional layer of protection.

There is a significant income disparity. When one spouse earns substantially more than the other, a prenup can establish clear expectations about alimony and property division in advance.

Common Challenges to Prenuptial Agreements

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Prenuptial agreements are frequently challenged in divorce proceedings. The most common grounds for challenge include:

Duress or coercion. If one party was pressured into signing — for example, presented with the agreement days before the wedding with a "sign or the wedding is off" ultimatum — the court may find the agreement was not voluntary.

Inadequate disclosure. If one party concealed assets, undervalued property, or failed to disclose debts, the agreement may be voidable.

Lack of independent counsel. If one party was not represented by their own attorney, courts scrutinize the agreement more carefully for fairness.

Unconscionability. An agreement that leaves one spouse destitute while the other retains millions may be deemed unconscionable and unenforceable.

Christine Leonard drafts prenuptial agreements with these challenges in mind. Every agreement includes comprehensive financial disclosures, adequate time for review, and provisions designed to withstand the toughest legal challenges.

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