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Prenuptials and Postnuptials

What is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a legally binding contract made between two people before they marry, defining how property, assets, and debts will be handled in the event of divorce or death.


Prenups are commonly used to:

  • Protect premarital assets such as real estate, investments, or businesses
  • Define spousal support (alimony) terms
  • Clarify debt responsibility for student loans, credit cards, or mortgages
  • Preserve family inheritances or generational wealth
  • Protect business ownership or partnerships
  • Avoid future disputes and uncertainty

 

Florida recognizes and enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA), provided both parties entered into them voluntarily and with full financial disclosure.


What Is a Postnuptial Agreement?

A postnuptial agreement, or “postnup,” is similar to a prenup but is created after marriage. It can be used to modify existing terms or establish new financial boundaries as circumstances change — for example, after a business grows, children are born, or one spouse stops working.

 

Common reasons for postnuptial agreements include:

  • Clarifying financial obligations during marriage
  • Protecting newly acquired assets
  • Planning for retirement, inheritance, or estate succession
  • Addressing infidelity or trust issues through reconciliation agreements
  • Establishing clear terms in the event of separation or divorce

 

Why Consider a Prenup or Postnup?

Prenuptial and postnuptial agreements aren’t about mistrust — they’re about clarity, fairness, and protection.


A properly drafted agreement can:

  • Prevent contentious litigation in divorce proceedings
  • Provide financial transparency and understanding
  • Protect family wealth, businesses, and personal assets
  • Reduce emotional and financial stress during separation
  • Strengthen communication between partners

 

Who Benefits from Prenuptial and Postnuptial Agreements?



These agreements are particularly valuable for:

  • Couples entering second or later marriages
  • Individuals with significant debt or financial disparity
  • High-net-worth individuals or families
  • Business owners and entrepreneurs
  • Professionals with complex compensation (bonuses, stock, etc.)
  • Parents seeking to protect assets for children from prior relationships

Requirements for a Valid Prenup or Postnup in Florida


Florida Prenuptial and Postnuptial Agreements are regulated under Florida General Statute §61.079 which adopts the Uniform Premarital Agreement Act. For a prenup or postnup to be valid, it must:

  1. Allow for full and honest financial disclosure from both parties
  2. Be Voluntary executed (no coercion or pressure)
  3. Drafted and reviewed by independent legal counsel for each party (recommended)
  4. Be in writing (oral agreements are invalid)
  5. Include Fair and reasonable terms

 

How Freitas Law Firm, PA can help: 

  • Drafting and negotiation of prenuptial agreements
  • Creation and modification of postnuptial agreements
  • Reviewing existing agreements for fairness and enforceability
  • Enforcing or challenging agreements in court
  • Coordinating with financial and estate planning professionals

 

Attorney Simone Freitas can help draft a prenuptial or a postnuptial tailored to your goals, ensuring your rights are protected while promoting fairness and respect in your relationship.

 PRENUPTIALS AND POSTNUPTIALS FAQS

  • What’s the difference between a prenup and a postnup?

    • Prenuptial (premarital) agreement: Signed before marriage, governed by the Florida Uniform Premarital Agreement Act (§61.079). It can address property division, debts, business interests, alimony, and estate planning 

    • Postnuptial (postmarital) agreement: Signed after marriage, governed by general contract law and the Casto v. Casto framework. It’s often used when one spouse’s financial situation changes during the marriage (e.g., inheritance, new business) 

  • What can they cover?

    Both can:


    • Define how premarital and marital assets are divided in divorce.
    • Set spousal support (alimony) terms or waive them.
    • Protect business interests from being split.
    • Address debt responsibilities.
    • Include estate planning provisions (e.g., inheritance rights) 

  • What are the key requirements for enforceability?

    Prenups must be:


    • In writing and signed by both parties.
    • Executed before marriage.
    • Voluntary (no duress, undue influence, or fraud).
    • Include full and fair financial disclosure 

    Postnups must be:


    • In writing and signed by both spouses.
    • Voluntary and without coercion.
    • Include full and fair financial disclosure (stricter than prenups) 

  • What can invalidate an agreement?

    • Lack of full disclosure of assets or debts.
    • Duress, coercion, or fraud during execution.
    • Unconscionability (extremely one-sided terms).
    • Provisions that violate Florida law (e.g., waiving child support) 

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