Family Law · Florida Statewide
Prenuptial &
Postnuptial
Agreements
Protect your assets and set clear expectations — before or after the wedding — with a Florida prenup or postnup drafted by Lauren Richardson.
What is a prenuptial agreement in Florida?
A prenuptial agreement — also called a premarital agreement — is a legally binding contract signed before marriage. It defines how assets, debts, and property will be handled during the marriage and if it ends in divorce, separation, or death.
Florida prenuptial agreements are governed by the Florida Premarital Agreement Act (§61.079, Florida Statutes). When properly drafted and voluntarily signed with full financial disclosure, a Florida prenup is fully enforceable.
A prenup is not about expecting a divorce — it is about protecting both parties and setting clear, honest expectations from the start.
What a Florida prenup can cover
- Division of premarital and marital assets
- Protection of business interests and professional practices
- Separate property vs. marital property classification
- Spousal support / alimony terms
- Inheritance rights and estate planning coordination
- Protection of children from prior relationships
- Debt liability allocation
- Rights upon death or disability
What is a postnuptial agreement in Florida?
A postnuptial agreement is signed after marriage and serves the same purpose as a prenup. Couples often seek a postnup when:
Financial circumstances changed
One spouse starts a business, receives an inheritance, or comes into significant assets after the wedding.
Reconciling after difficulty
Couples working through marital challenges who want to clarify financial terms as part of rebuilding trust.
Estate planning coordination
Blended families who need to protect children from prior relationships as part of a broader estate plan.
Florida courts apply heightened scrutiny to postnuptial agreements because spouses already owe each other fiduciary duties. Having an experienced attorney draft and review the agreement is essential to enforceability.
Who should consider a prenuptial agreement in Florida?
Prenups are not just for the wealthy. Lauren regularly drafts prenuptial and postnuptial agreements for clients across a wide range of situations:
Business owners and professionals
Protect your business interest, professional license, or practice from becoming marital property subject to division.
Second marriages and blended families
Protect children from a prior relationship and ensure your estate plan aligns with your family intentions.
Significant age or wealth differences
Create clarity when one spouse brings substantially more assets or debt into the marriage.
Inherited or expected inheritance
Keep inherited property or a future inheritance separate from marital assets.
Real estate owners
Protect a home, investment property, or vacation property you owned before the marriage.
Those with significant debt
Prevent one spouse's pre-existing debt from becoming the other's liability.
How does the prenup process work with Lauren Richardson Law?
Free Consultation
A 15-minute call to discuss your situation, goals, and timeline. Lauren will explain the process and answer your questions.
Independent Counsel
Both parties have counsel to advise them regarding spousal rights and the consequences of waiving or clarifying those rights with a nuptial agreement.
Financial Disclosure
Both parties provide a full and honest disclosure of assets, debts, and income — a legal requirement for enforceability.
Drafting & Negotiation
Lauren either drafts the agreement or negotiates revisions to an agreement drafted by the other party’s attorney. Both parties have time to discuss and negotiate with their attorneys.
Signing
Both parties sign voluntarily, ideally well before the wedding date. The signed agreement is binding under Florida law.
Lauren Richardson Law handles prenuptial and postnuptial agreements statewide in Florida. Consultations by phone or Zoom are available for clients outside Gainesville.
Frequently Asked Questions About Florida Prenups
What is a prenuptial agreement in Florida?
A prenuptial agreement (also called a premarital agreement) is a legally binding contract signed before marriage that defines how assets, debts, and property will be handled during the marriage and in the event of divorce, separation, or death. Florida prenuptial agreements are governed by the Florida Premarital Agreement Act (Chapter 61, F.S.).
What can a prenuptial agreement cover in Florida?
Florida prenups can address property rights, spousal support (alimony), rights to buy or sell property, disposition of assets at death, and modification or elimination of alimony. They cannot limit child support, affect child custody rights, or include anything illegal.
What is a postnuptial agreement in Florida?
A postnuptial agreement is signed after the wedding and serves the same purpose as a prenup — defining how assets and debts are divided if the marriage ends. Florida courts apply a higher level of scrutiny to postnups because spouses already owe each other fiduciary duties.
How much does a prenuptial agreement cost in Florida?
Prenuptial agreements at Lauren Richardson Law are straightforward and affordable compared to large firm rates. Most prenups involve a flat-rate drafting fee. Call 352-204-2224 for a free consultation and pricing.
Is a prenuptial agreement enforceable in Florida?
Yes — if properly drafted, voluntarily signed, and made with full financial disclosure. A prenup can be challenged if one party did not have adequate time to review it, signed under duress, or was not given full disclosure of the other's financial situation.
Ready to Protect What Matters?
Lauren Richardson Law drafts prenuptial and postnuptial agreements throughout Florida. Call for a free 15-minute consultation — no obligation, no pressure.