Planning for your future together includes planning for the unexpected. At McNary Law, we help couples in Bradenton and Sarasota create prenuptial agreements that protect their rights and clarify financial expectations—before they say “I do.”
Our experienced attorneys understand that discussing a prenup isn’t always easy, but with compassionate guidance and clear legal counsel, it can be a smart, respectful, and empowering step toward a strong partnership.
Why Consider a Prenuptial Agreement?
Prenuptial agreements—often referred to as “prenups”—are legal contracts entered into by couples before marriage. These agreements typically outline how assets, debts, income, and other financial matters will be handled during the marriage and in the event of divorce or death.
While some view prenups as planning for failure, the reality is quite the opposite. A well-crafted prenuptial agreement can:
Provide peace of mind
Protect individual and family assets
Clarify financial rights and responsibilities
Minimize conflict and costly litigation in the event of divorce
Support transparency and open communication
Who Needs a Prenup?
You might benefit from a prenuptial agreement if:
You own property, a business, or other significant assets
You have children from a previous relationship
One of you has significantly more debt
There’s a large income disparity between partners
You expect to inherit wealth or are the beneficiary of a trust
You’ve been married before and want to avoid future legal battles
What Can a Florida Prenuptial Agreement Include?
Under Florida law, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), codified in Florida Statute §61.079. The agreement must be in writing and signed by both parties. Common provisions may include:
Division of assets and liabilities
Property rights and management during the marriage
Spousal support (alimony) terms or waivers
Inheritance rights
Ownership of life insurance policies
Protections for children from previous relationships
However, certain issues cannot be included—such as child custody or child support terms, as these must be determined by the court based on the child’s best interests at the time of divorce.
How to Ensure a Valid and Enforceable Prenup
To create an enforceable prenuptial agreement in Florida, the following must be met:
Voluntary execution: Both parties must sign the agreement without coercion or pressure.
Full financial disclosure: Each party must provide a fair and reasonable disclosure of assets and liabilities.
Fair and reasonable terms: While the agreement can favor one party, gross unfairness or unconscionability may be challenged.
Independent legal counsel is recommended: Although not required, each party should ideally have their own attorney to review the agreement and ensure their rights are protected.
When Should You Talk to a Prenup Attorney?
Don’t wait until the last minute. The earlier you begin discussing a prenuptial agreement with your partner and attorney, the better. Bringing up a prenup weeks—or worse, days—before your wedding could jeopardize its enforceability and create unnecessary tension.
At McNary Law, we recommend initiating the process at least three to six months before the wedding date.
How We Help at McNary Law
Our family law attorneys bring not only legal experience but compassion and professionalism to every client conversation. We will:
Help you define your goals and concerns
Guide you through financial disclosures
Draft or review your prenuptial agreement
Ensure the agreement complies with Florida law
Work collaboratively and respectfully with your future spouse’s attorney
Because family law matters are deeply personal, we’re dedicated to being both legal advocates and thoughtful counselors throughout the process.
Can a Prenup Be Modified After Marriage?
Yes—Florida law allows for a postnuptial agreement, which is a similar contract executed after the wedding. This might be useful if circumstances change or if the couple simply didn’t have time to finalize a prenup.
How a Prenup Intersects with Our Other Family Law Services
Prenuptial agreements are often just one part of a larger picture. At McNary Law, we provide a full suite of family law services in Bradenton and Sarasota, including:
Divorce: Whether contested or uncontested, we protect your interests throughout the process.
Alimony and Equitable Distribution: We help enforce, modify, or waive spousal support and asset division terms.
Paternity and Parenting Plans: We handle custody and support matters that cannot be predetermined by prenups but may still be impacted.
Modifications: If life changes, we’re here to help you revise agreements accordingly.
Mediation: Our team includes Florida Supreme Court Certified Mediators, offering cost-effective, less adversarial solutions.
Let’s Talk About Your Future
Whether you’re preparing for your first marriage or blending families later in life, a prenuptial agreement offers clarity and protection for both parties. At McNary Law, we serve Bradenton and Sarasota clients with integrity, respect, and personalized attention.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
