Marital Contracts

A prenuptial agreement, commonly called a “prenup,” is a legally binding contract entered into before marriage that establishes how certain financial matters will be handled during the marriage and in the event of divorce or death. Prenuptial agreements are important tools for protecting premarital assets, family businesses, inheritances, professional practices, retirement interests, and individuals entering second marriages or high-asset relationships. They can also help clarify expectations regarding property division, debt allocation, alimony, and financial responsibilities, thereby reducing uncertainty and potential litigation.

Under Florida law, prenuptial agreements are generally governed by the Florida Uniform Premarital Agreement Act. To be enforceable, the agreement must be in writing and signed voluntarily by both parties before marriage. Courts may examine whether each party had adequate financial disclosure, meaningful opportunity to review the agreement, and freedom from fraud, coercion, or duress.  Prenuptial agreements cannot impair legally protected support rights of minor children and may not eliminate support obligations imposed by law for dependent disabled adult children. 

Carefully drafted prenuptial agreements can preserve financial stability, reduce conflict, and protect long-term family and business interests. Because these agreements may significantly affect legal rights, both parties should ideally obtain independent legal counsel before execution to improve fairness, clarity, and enforceability.

If you are in need of a prenuptial agreement, consider contacting Junnier Law & Research, P.A. located in Coral Springs.

A postnuptial agreement, commonly called a “postnup,” is a legally binding contract entered into by spouses after marriage that establishes how financial matters will be handled during the marriage or in the event of divorce or death. Postnuptial agreements are commonly used to define property rights, protect business interests, address inheritance expectations, allocate debts, clarify alimony rights, and preserve assets for children from prior relationships. They may also be used following significant financial changes, marital reconciliation, or the acquisition of substantial assets during the marriage.

Under Florida law, postnuptial agreements are generally enforceable if they are entered into voluntarily, are not the product of fraud, coercion, duress, or overreaching, and satisfy applicable disclosure requirements. Because spouses owe fiduciary duties to one another, courts may scrutinize postnuptial agreements closely to ensure fairness and procedural integrity. The agreement must be in writing and signed by both parties.

When a postnuptial agreement affects inheritance or spousal rights upon death, Florida law requires either fair financial disclosure or proof that the spouse had adequate knowledge of the other spouse’s assets and financial obligations before executing the agreement.  A comprehensive written financial disclosure is strongly advisable and is often the safer professional practice, particularly where the agreement governs rights at death or substantial assets are involved. Florida law also does not permit postnuptial agreements to impair legally protected support rights of minor children or eliminate support obligations imposed by law for dependent disabled adult children. Because these agreements may substantially affect important legal rights, both parties should ideally obtain independent legal counsel before execution.

If you are in need of a postnuptial agreement, consider contacting Junnier Law & Research, P.A. located in Coral Springs.