And when a prenuptial agreement fails, the marital estate, the business, the investments, the family wealth, the assets you spent years building, is subject to Florida’s equitable distribution framework without the protections you thought you had.
Mayersohn Law Group drafts prenuptial agreements for high-net-worth clients across Florida that are built to hold, structured to withstand scrutiny, minimize the grounds for challenge, and protect what matters most before you say “I do.”
A prenuptial agreement that isn’t drafted and executed correctly provides no protection at all.
Without a valid agreement in place, you could be facing:
When substantial assets, family wealth, professional practices, or business ownership are involved, the agreement must be carefully structured, from the disclosure process through the execution, to withstand scrutiny if it is ever challenged in court.
Yes, if properly drafted and executed. Under Florida Statute 61.079, the agreement must be in writing, signed by both parties, entered into voluntarily, supported by fair and reasonable financial disclosure, and not unconscionable. Agreements that fail to meet these requirements can be challenged and invalidated in court, which is why how an agreement is drafted and executed matters as much as what it says.
Yes. Florida prenuptial agreements can include provisions limiting or eliminating alimony obligations for one or both parties. However, this provision may be subject to challenge if the agreement is found to be unconscionable, or if enforcement would leave one spouse without means of support and likely to become a public charge. How alimony provisions are drafted, including the circumstances under which they apply, affects their enforceability.
Yes. Prenuptial agreements are commonly used to preserve inherited assets, family trusts, family wealth, and property intended to remain separate from the marital estate, including anticipated future inheritances. Coordinating these provisions with existing estate planning documents ensures consistency and prevents conflicting terms.
Yes. A properly drafted agreement can establish that a business is separate property, protect its pre-marital value from equitable distribution, and address how any increase in business value during the marriage is characterized. Business owners are among the clients who benefit most from prenuptial agreements, particularly when a closely held business has other owners, investors, or family stakeholders whose interests could be affected by a divorce.
It is not legally required, but it is strongly recommended. Independent legal counsel for each party significantly reduces the risk of a successful challenge based on involuntariness or unconscionability. It also ensures both parties fully understand the agreement they are signing, which protects the enforceability of the document and both parties’ interests.
Yes. A prenuptial agreement may be challenged on grounds including lack of voluntary execution, fraud, duress, coercion, insufficient financial disclosure, or unconscionability under Florida Statute 61.079. The circumstances under which the agreement was signed, including timing, pressure, and whether both parties had independent counsel, are closely scrutinized. Agreements that were properly executed with full disclosure and adequate time for review are significantly harder to invalidate.
There is no statutory deadline in Florida, but the earlier the better, both practically and legally. Agreements signed close to the wedding date are more vulnerable to challenge on grounds of duress or insufficient time to review. Starting the process at least three to six months before the wedding gives both parties adequate time for financial disclosure, review, negotiation, and independent legal consultation, all of which strengthen the agreement’s durability if it is ever challenged.
A prenuptial agreement is executed before the marriage and becomes effective upon it. A postnuptial agreement is entered into after the marriage has already occurred. Both are recognized under Florida law and serve similar protective purposes, but postnuptial agreements are subject to somewhat different enforceability considerations because the parties are already in a legal marriage when they sign. Postnuptial agreements are commonly used to address a change in financial circumstances, protect a business that developed during the marriage, or formalize terms that were not addressed before the wedding.
