Prenuptial and Postnuptial Agreements in Sarasota
A prenuptial agreement (prenup) is a contract signed before marriage that defines how assets and debts will be divided if the marriage ends. A postnuptial agreement does the same thing, but is signed after the couple is already married.
These agreements are not just for wealthy people. They are practical tools that protect both spouses, clarify financial expectations, and reduce conflict if the marriage ends. At Bragg Family Law, we draft and review prenuptial and postnuptial agreements for couples in Sarasota.
What a Prenuptial Agreement Can Do
Under Florida Statutes Section 61.079 (the Florida Uniform Premarital Agreement Act), a prenup can address:
- How property will be divided in the event of divorce or death
- Whether alimony will be paid, and how much
- Each spouse's rights to retirement benefits, pensions, and inheritances
- How debts will be allocated
- Financial responsibilities during the marriage
- Ownership and management of businesses
- Life insurance and estate planning arrangements
- Any other matter that does not violate public policy
A prenup cannot determine child custody or child support. Those issues are always decided based on the best interests of the child at the time of the divorce.
Why You Need a Prenup
You Own a Business
If you own a business before the marriage, a prenup can keep the business separate from marital property. Without one, the increase in value of the business during the marriage may be considered marital and subject to equitable distribution.
You Have Significant Assets
If you have substantial savings, investments, or real estate, a prenup can protect those assets and define what happens to them in the event of divorce.
You Have Children From a Previous Marriage
A prenup can ensure that your pre-marriage assets pass to your children, not to your new spouse, in the event of divorce or death.
You Expect an Inheritance
Inheritances are generally non-marital, but they can lose that protection if commingled with marital funds. A prenup can explicitly protect expected or received inheritances.
One Spouse Has Significant Debt
A prenup can protect you from being responsible for your spouse's pre-marriage debts.
You Want to Avoid a Costly Divorce
If you have a prenup, the terms of property division and alimony are already agreed upon. This can save tens of thousands of dollars in legal fees if the marriage ends.
What Makes a Prenup Valid in Florida?
For a prenuptial agreement to be enforceable in Florida, it must meet these requirements:
- Written and signed - oral agreements are not enforceable
- Full financial disclosure - both spouses must fully disclose their assets, debts, and income
- Entered voluntarily - no coercion, duress, or fraud
- Fair and not unconscionable - the terms cannot be so one-sided that they shock the conscience
- Independent legal counsel recommended - while not strictly required, having your own attorney review the agreement strengthens enforceability
Postnuptial Agreements
A postnuptial agreement is signed after the couple is already married. It serves the same purpose as a prenup but is subject to slightly different legal standards because married spouses have different legal obligations to each other than engaged couples.
Postnups are useful when:
- A couple did not sign a prenup before marriage and now wants to protect assets
- One spouse starts a business during the marriage and wants to keep it separate
- The couple reconciles after a separation and wants to clarify financial terms
- One spouse receives a large inheritance and wants to protect it
Frequently Asked Questions
Are prenuptial agreements enforceable in Florida?
Yes, if they meet the legal requirements: written and signed, full financial disclosure, entered voluntarily, and not unconscionable. Florida follows the Uniform Premarital Agreement Act under Section 61.079.
Can a prenup be overturned?
Yes. A court can invalidate a prenup if it was signed under duress, if one spouse failed to disclose assets, if the terms are unconscionable, or if one spouse did not have the opportunity to review it with independent counsel.
Can a prenup address child custody?
No. Child custody and child support are always determined based on the best interests of the child at the time of the divorce. A prenup cannot waive child support or predetermine custody.
How much does a prenup cost in Sarasota?
The cost depends on the complexity of your assets and whether both spouses have separate attorneys. A straightforward prenup is relatively affordable, while a complex agreement involving businesses, trusts, and significant assets costs more. We offer free consultations to discuss your needs and provide a quote.
Should I have a lawyer review a prenup my spouse's attorney drafted?
Yes. Your spouse's attorney is representing your spouse's interests, not yours. Having your own attorney review the agreement ensures you understand what you are signing and that your rights are protected. Courts are more likely to enforce a prenup when both spouses had independent counsel.
Speak With a Sarasota Prenuptial Agreement Attorney
Whether you are getting married and want a prenup, or you are already married and want a postnup, we can help. Call us at (941) 893-1555 or schedule a free consultation.