Frequently Asked Questions.

In general, a prenuptial or postnuptial agreement can include and enforce the division of assets and debts, alimony, and attorneys' fees.

A prenuptial or postnuptial agreement cannot include or enforce time-sharing for minor children (custody) or child support. These matters remain subject to court oversight regardless of what the agreement states.

Yes. In general, if a marriage is legal in Florida, a prenuptial or postnuptial agreement can be used and upheld.

The obvious answer is yes, you can. But even with the assistance of forms from the internet or the use of AI, the chances that a self-authored agreement will be enforceable years down the road are tremendously reduced. A prenuptial agreement is one of the most difficult family law documents to correctly prepare, and even many seasoned practitioners do not prepare them. It is advised that you seek the assistance of an attorney who specializes in and has experience with the preparation of these complex documents.

A prenuptial or postnuptial agreement can last indefinitely or for a limited time, depending upon its terms.

Prenuptial and postnuptial agreements are largely governed by Florida Statute Section 61, including Section 61.079. They are also shaped by a large body of Florida court decisions — contested divorce cases that define, broaden, or restrict the statute, address specific fact patterns, and discuss the application of public policy.

The financial, family, and personal circumstances that support the use of a prenuptial or postnuptial agreement are as varied as life itself. That said, some of the more common situations involve marriages that include one or more of the following:

• Prior children from prior relationships
• Significant age differences
• Significant wealth or income imbalances
• The existence of a private business, particularly where business partners also desire protection and clarity
• Past inheritances or anticipated future inheritances
• An estate plan that needs to incorporate a prenuptial agreement to be fully operational

Yes — if both properly prepared and signed, a prenuptial or postnuptial agreement is enforceable under Florida law, as long as its terms do not violate the public policy of the State of Florida.

Yes. A prenuptial or postnuptial agreement can be terminated by its own terms or by a later signed writing. It can also be modified by a later signed writing. Both parties must agree to any modification or termination.