Prenuptial & Postnuptial Agreements

What Is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a legally binding contract signed before marriage that outlines how assets, debts, and financial matters will be handled if the marriage ends in divorce or death. Prenups are not just for high-net-worth couples; they are valuable tools for anyone who wants to safeguard assets, protect family businesses, or provide for children from a prior relationship.

Common reasons to create a prenup include:

• Protecting family-owned businesses or professional practices

• Safeguarding inheritances or generational wealth

• Defining how marital and non-marital property will be divided

• Addressing spousal support or alimony expectations

• Reducing potential disputes in the event of divorce

What Is a Postnuptial Agreement?

Unlike a prenup, a postnuptial agreement is signed after the marriage has begun. Couples often choose postnups when financial circumstances change, or when they want to revisit expectations after already being married.

Situations where a postnup may be beneficial include:

• One spouse receives an inheritance or large gift

• A business grows significantly during the marriage

• A spouse pauses their career to raise children

• Couples want to strengthen their marriage by clarifying financial responsibilities

Why Consider a Prenuptial or Postnuptial Agreement?

Many people mistakenly view these agreements as unromantic or a sign of distrust. In reality, they are practical tools that help couples establish financial transparency and avoid unnecessary conflict later. These agreements promote open communication and can actually strengthen relationships by setting realistic expectations.

Enforceability in Florida

Florida law recognizes both prenuptial and postnuptial agreements, provided they meet certain requirements. Agreements must be in writing, signed voluntarily by both parties, and based on full financial disclosure. Courts may refuse to enforce an agreement if it is deemed unconscionable, fraudulent, or signed under duress.

Working with an experienced family law attorney ensures your agreement is properly drafted, legally sound, and tailored to your unique situation.

Frequently Asked Questions

Are prenuptial agreements only for the wealthy?

No. While prenups are often associated with high-net-worth individuals, they can benefit anyone who wants to clarify financial expectations, protect assets, or reduce uncertainty in the future.

Can we decide child custody or child support in a prenup?

No. Florida courts do not allow prenuptial or postnuptial agreements to determine child custody or support. These matters are decided based on the child’s best interests at the time of divorce.

What happens if circumstances change after we sign?

Life changes—whether through children, new business ventures, or unexpected inheritances. That’s why postnuptial agreements exist. Couples can amend or create a new agreement after marriage to reflect current realities.

Do we each need our own lawyer?

Yes. For an agreement to be fair and enforceable, it is strongly recommended that both spouses have independent legal counsel.

How McNary Law Can Help

At McNary Law, we know these conversations can feel overwhelming. Our Bradenton-based family law firm serves clients across Manatee and Sarasota counties, and many of our services can be handled remotely for your convenience. Guided by our core values of honesty, integrity, and compassionate problem-solving, we help you create agreements that reflect your priorities and protect your future.