Essential Guide to Prenuptial Agreements

Starting a life together with your partner is a thrilling and hopeful time. But have you considered the impact on your finances and estate planning if life changes course? That’s where a prenuptial agreement (or “prenup”) comes into play.

A prenup is a way of protecting your finances and assets should the marriage end. “But doesn’t a prenuptial agreement feel too formal for such a heartfelt moment?” you might be wondering.

It’s normal to feel uneasy about discussing money before marriage. But facing these issues now can save you both headache and heartache later.

At Lappin Estate Planning, we want you to feel empowered, not stressed. Our goal is to protect your future while keeping love a priority.

If you’d like to discuss your options for setting up a prenuptial agreement, reach out to our office. Call us at 561.778.8590 or submit a contact us form to schedule a consultation.

What Is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a legal contract between two people before marriage. It lays out how finances, assets, debts, and other matters related to finances will be handled during the marriage and in the event of divorce or death. While many people think prenups are only for wealthy individuals, they can actually benefit any couple who wants clarity and protection.

Some worry that discussing a prenup means they don’t trust their partner. But it’s not about expecting the worst—it’s about planning for the future with open eyes. A prenup can prevent misunderstandings and ensure that both partners are on the same page financially.

Think of it like insurance: you hope you never need it, but if you do, you will be glad it’s there.

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Benefits of a Prenuptial Agreement

A prenuptial agreement isn’t just for the rich and famous. It’s for any couple who wants to start their marriage with honesty, security, and a clear financial plan. Think of it as a way to protect both love and peace of mind. Here’s how a prenup can help:

Protects Estate Planning: In the absence of a prenup, state law imposes a floor on what someone is required to leave on death to a spouse. This can be overridden with a prenup. Prenups are particularly valuable for a spouse with children from a prior marriage that does not want state law to prohibit what he or she can leave to his or her children.
Protects your assets: You have worked hard for what you have, so shouldn’t you have a say in how it’s handled? A prenup can protect your savings, business, real estate, or family inheritance. It ensures your personal assets remain yours, even in the event of a divorce.
Prevents future financial conflicts: Money can be one of the biggest sources of stress in a marriage. A prenup lays out financial expectations from the start, helping you and your partner avoid misunderstandings down the road.
Clarifies debt responsibility: If one spouse has student loans, credit card debt, or other financial obligations, a prenup can ensure that those debts stay with the person who took them on.
Protects children from previous marriage: If you have children from a previous marriage, a prenup can ensure they receive the inheritance or financial support you want them to have. Without one, state laws could override your wishes and leave your children with nothing or close to nothing.
Saves time, money, and stress in the event of a divorce: Sure, no one enters a marriage expecting to get divorced, but life is unpredictable. A prenup simplifies the process if things don’t work out. It reduces legal battles, court fees, and emotional strain by making financial arrangements in advance.

A prenup isn’t about planning for a breakup. Rather, it’s about planning for a secure future together. Whether you have assets to protect, children to provide for, or simply want financial peace of mind, a legally binding prenuptial agreement is a smart, responsible choice.

Florida Prenuptial Agreement Requirements

Thinking about creating a prenup in Florida? It’s not as simple as writing a quick agreement and signing it. For a prenuptial agreement to hold up in court, it must follow the legal requirements imposed by Florida state law. Otherwise, it could be thrown out when you need it most. Here are the main requirements:

1. It Must Be in Writing and Signed by Both Parties

A handshake or verbal promise won’t cut it. Fla. Stat. § 61.079 (Florida’s Uniform Premarital Agreement Act) requires prenuptial agreements to be in writing. If it’s not on paper and properly signed, it’s not enforceable. Simple as that.

The same statute of Florida law also requires that both you and your fiancé must sign the agreement voluntarily and willingly. A prenup isn’t valid if one person is pressured or tricked into signing. If a court suspects coercion, the agreement could be tossed out.

2. Full Financial Disclosure

Each person must fully disclose their finances. That means all their assets, debts, income, and liabilities. Hiding financial details can make a prenup invalid. The goal is fairness, and that starts with honesty.

3. The Agreement Must Be Fair

Prenuptial agreements that are outrageously one-sided may not hold up in court. While you can protect your assets, an agreement that leaves one spouse with nothing could be seen as “unconscionable” and be ruled unenforceable.

4. It Must Be Signed Before Marriage

You can’t sign a prenuptial agreement after the wedding. If you’re already married and want a similar agreement, you will need a postnuptial agreement instead. While state law in Florida doesn’t have a specific statute governing postnuptial agreements, courts in the state apply general contract law principles to prenups.

At Lappin Estate Planning, we will help you create a prenup that meets all these requirements and is tailored to your needs to protect your future.

What a Prenuptial Agreement Cannot Cover

A prenuptial agreement can be a powerful tool, but it has limits. While it gives you control over many financial matters, there are some things it simply cannot decide.

So, what cannot you include in a premarital agreement?

Child support or child custody – Florida courts always decide these issues based on the child’s best interests at the time of divorce. A prenup cannot dictate custody arrangements or set child support amounts.
Illegal or unfair terms – A prenup cannot contain anything illegal or heavily one-sided. If a court finds the agreement grossly unfair to one spouse, it may throw it out.
Personal or lifestyle rules – A prenup cannot enforce things like household chores, how often you take vacations, or who does the grocery shopping. It’s a legal document, not a relationship rulebook.

A well-written prenup gives you control over financial matters while respecting legal boundaries. Want to make sure your agreement is fair, enforceable, and tailored to your needs? At Lappin Estate Planning, we know Florida family law rules like the back of our hand and help clients create valid prenuptial agreements in Florida.

Challenging a Prenuptial Agreement in Florida

While Florida courts generally enforce prenuptial agreements, they won’t uphold one that violates the law or fundamental fairness. Common reasons for challenging a prenup include:

Lack of full financial disclosure (a spouse hid income, real or personal property, or financial obligations);
The agreement was signed under pressure or duress (one spouse was pressured, threatened, or given no time to review the agreement properly);
Fraud or misrepresentation played a role (one spouse misrepresented important facts to the other party);
The agreement contains unfair or unconscionable terms ; and
The agreement wasn’t properly executed (it’s not in writing, wasn’t signed by both parties, or wasn’t executed before the marriage.

Once you identify legal grounds for the challenge, you can file a legal motion with the court. This will result in a hearing where both sides will present their evidence and argue their cases. At the end of the hearing, the judge will decide the outcome.

You might want to get legal help from an attorney if you want to challenge a prenuptial agreement or need help defending a prenup. A lawyer will help you do everything the right way to strengthen your position in court.

Enforcement of a Florida Prenuptial Agreement

Courts take prenuptial agreements seriously, but they won’t enforce one that’s unfair or improperly executed.

If one spouse challenges the prenup, the case will go to trial. The court will examine how the agreement was created, whether both parties had enough time to review it, and if it meets Florida’s fairness standards.

To ensure your prenuptial agreement is enforced, it should be carefully drafted, reviewed by both parties’ attorneys, and properly signed.

Remember: A poorly written prenup can create more problems than it solves. Since you retain full ownership of the property while you are alive, you never need your beneficiary’s approval to make changes. This means you retain control, no matter what.

Why You Need an Attorney When It Comes to Florida Prenuptial Agreement

Given that a prenuptial agreement can shape your financial future, drafting and executing one is something you need to pay close attention to. If a prenup isn’t drafted or executed correctly, it could be challenged or even thrown out in court.

An attorney ensures your prenup follows Florida law and includes all necessary legal elements. Working with a lawyer also helps prevent costly mistakes, such as agreeing to terms that are unfair or unenforceable. Without legal guidance, you might not realize that certain provisions cannot be legally enforced.

Having an attorney also protects your best interests. If your partner’s lawyer drafts the agreement, you need your own legal counsel to review it and ensure it’s fair. A one-sided prenup could leave you at a disadvantage, and once it’s signed, it can be difficult to challenge later.

An experienced lawyer will help negotiate terms that work for both of you, ensuring the agreement is balanced and legally sound.

With so much at stake, it’s not worth the risk of going it alone. At Lappin Estate Planning, we make sure your prenuptial agreement is enforceable, fair, and built to last. Contact us today to get the guidance and protection you need. Call at 561.778.8590 or contact us online via our website to set up a consultation.

Frequently Asked Questions About Prenuptial Agreements

A prenup can be invalidated if there was fraud, coercion, lack of financial disclosure, or if the agreement is unfair. Improper execution can also make it unenforceable.

A prenup protects assets, clarifies financial responsibilities, and prevents future disputes. It provides security and ensures both prospective spouses understand their financial rights before marriage.

Costs vary depending on complexity, but typically range from $5,000-$10,000. More complex agreements requiring negotiations may cost more.

Yes, but it may not be worth it. Without legal guidance, your prenup may not be enforceable. An attorney ensures it meets Florida law and protects your interests.

Prenuptial agreements must be in writing, signed by both parties before marriage, and include full financial disclosure. The terms must also be fair and enforceable under Florida law.

No, but it’s generally a good idea to have legal guidance from one. Without an attorney, you risk signing an unfair or invalid agreement that could be challenged later.

No, Florida law does not allow prenups to set child custody or support. Courts decide these matters based on the child’s best interests at the time of divorce.

Yes, full financial disclosure is required. Hiding assets can make the agreement invalid and lead to legal challenges in court.

Avoid signing under pressure, failing to disclose assets, using vague terms, or drafting an agreement without legal review.

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