Prenuptial Agreement Lawyers in Jacksonville

Guidance For Prenuptial Agreements & Postnuptial Agreements From Experienced Florida Family Law Attorneys

Why Get A Prenuptial or Postnuptial Agreement in Florida?

Florida law recognizes that every couple brings different backgrounds, assets, and financial goals to a marriage. A prenup or postnup allows couples to define how assets, property, and financial responsibilities should be handled during the marriage and in the event of divorce or death. These agreements can dramatically reduce conflict, simplify financial conversations, and create peace of mind.

Although some people misunderstand prenups as “unromantic,” Florida attorneys and courts consistently emphasize that these agreements are tools for transparency—not distrust. They help couples approach marriage with clarity, confidence, and shared expectations.

Do I Need a Lawyer for a Prenup?

Technically, Florida does not require each spouse to have a lawyer when signing a prenuptial agreement. However, working with an experienced prenuptial agreement lawyer is one of the most important steps you can take to ensure the agreement is enforceable.

Florida courts closely examine whether both spouses signed voluntarily, received proper disclosures, and had enough time and knowledge to understand what they were signing. A DIY or template prenup often fails these standards, leaving one or both spouses unprotected if litigation occurs.

While having separate attorneys is not mandatory, it is highly recommended. Independent legal counsel helps avoid claims of coercion or unfairness, increases the likelihood that your agreement will stand up in court, and creates a smoother, more transparent process for both partners.

Why Choose Sasso Guerrero & Henderlite

The family law attorneys at Sasso Guerrero & Henderlite bring clarity, compassion, and deep knowledge of Florida’s prenup and postnup laws to every client they serve. Whether you are protecting a business, planning for a blended family, or entering marriage with substantial assets, you receive guidance tailored to your unique circumstances.

Our team focuses on creating clear, comprehensive agreements that comply fully with Florida law while minimizing stress during what can feel like sensitive conversations. We work carefully and efficiently to protect your interests and ensure both partners understand every aspect of the agreement.

With a commitment to fairness and transparency, we help couples craft agreements that reflect their values, long-term goals, and shared financial future—giving you confidence as you move forward together.

Understanding Prenuptial vs. Postnuptial Agreements

What Is a Prenuptial Agreement?

A prenuptial agreement—often called a prenup or premarital agreement—is a legally binding contract signed before marriage. It outlines each spouse’s rights and responsibilities regarding property, debts, income, business ownership, inheritance, and financial matters. In Florida, prenups become effective upon marriage and are governed by the Uniform Premarital Agreement Act.

What Is a Postnuptial Agreement?

A postnuptial agreement (or postnup) is similar in scope but is created after the couple is already married. Couples often choose a postnup when financial circumstances change, when they want additional clarity, or when they wish to avoid disputes during reconciliation or difficult transitions. Postnups can also serve as separation agreements if a couple is preparing for divorce.

When Couples Choose a Postnup Instead of a Prenup

A postnup may be appropriate when:

• Income levels change significantly
• One spouse receives an inheritance
• A business grows, dissolves, or is sold
• The couple wants to revise or update financial responsibilities
• The couple prefers to set expectations later in the marriage

Requirements for Enforceable Prenups & Postnups Under Florida Law

Florida law sets clear criteria for a valid prenuptial agreement under the Uniform Premarital Agreement Act. For a prenup to be enforceable, it must:

• Be in writing
• Be signed by both parties
• Include full and fair financial disclosure, unless voluntarily waived in writing
• Be executed voluntarily, without fraud, coercion, or duress
• Not be unconscionable at the time it was signed

A prenup may be deemed unenforceable if:

• One spouse did not sign voluntarily
• One spouse was pressured close to the wedding date
• Financial disclosures were incomplete or misleading
• The terms were extremely unfair at signing, and disclosure was inadequate
• One spouse lacked sufficient understanding of the other spouse’s finances

Postnuptial agreements follow many of the same requirements for fairness, disclosure, and voluntariness. Both types of agreements rely heavily on transparency and proper legal drafting.

What a Florida Prenup or Postnup Can Cover

Florida couples have significant flexibility when creating a prenup or postnuptial agreement. These agreements commonly address:

• Division of assets and debts
• Classification of marital vs. separate property
• Protection of business interests
• Rights to inheritance or estate planning coordination
• Spousal support (alimony) terms
• Management of jointly owned property
• Responsibility for expenses, savings, or financial obligations

A well-drafted prenup ensures that both spouses fully understand the financial structure of their marriage and prevents disputes if divorce or death occurs.

What They Can’t Include

Florida law prohibits certain terms in nuptial agreements, including:

• Child custody
• Child support

These issues must always be determined based on a child’s best interests at the time of the decision, not predetermined by contract.

The Prenuptial Agreement Process with Sasso Guerrero & Henderlite

Our Jacksonville family lawyers use a collaborative, transparent process to ensure your agreement is legally valid and tailored to your goals.

Step 1 — Initial Consultation

We begin by discussing your priorities, financial circumstances, and any concerns you have. This helps shape a custom agreement that meets your needs.

Step 2 — Full Financial Disclosure

Both partners must provide a fair and reasonable disclosure of assets, liabilities, income, and financial obligations. This is a legal requirement and ensures the agreement cannot later be challenged as unfair.

Step 3 — Custom Drafting

Your prenuptial agreement lawyer prepares a detailed draft that reflects your intentions and aligns with Florida law. Every agreement is customized; we do not rely on generic templates.

Step 4 — Review & Negotiation

Both parties should have time to review the document carefully, ask questions, and request revisions. This step supports fairness and avoids coercion.

Step 5 — Proper Signing & Execution

We ensure the agreement is executed correctly, following all Florida requirements. Agreements should be signed well before the wedding to avoid claims of pressure or duress.

Who Should Consider a Prenup or Postnup?

While every couple can benefit from clear financial planning, certain circumstances make a prenup especially valuable.

Individuals With Significant Separate Assets

A prenup protects premarital assets and clarifies ownership moving forward.

Business Owners or Professionals With Partnerships

A prenup protects business continuity and avoids future disputes regarding valuation or ownership.

Parents Who Have Children From Previous Relationships

Prenups help preserve inheritance rights and ensure children remain protected.

Couples With Unequal Income or Earning Potential

Prenups allow couples to set expectations regarding alimony or financial responsibilities.

Benefits of a Prenup or Postnup

A well-crafted prenuptial agreement or postnuptial agreement provides far more than financial protection—it creates clarity, reduces uncertainty, and helps couples build a healthier financial foundation. 

By outlining how assets, debts, property, and financial responsibilities will be handled during the marriage and in the event of divorce, couples avoid many of the misunderstandings and disputes that often arise later. Instead of facing contentious litigation or emotionally charged negotiations, both spouses already know what to expect.

A prenup also strengthens financial security. It protects separate assets, family inheritances, real estate, and business interests, helping ensure that the financial life you built before marriage remains intact. For business owners, professionals with partnerships, or individuals entering the marriage with significant assets or liabilities, this clarity is invaluable.

Finally, one of the most underrated benefits is improved communication. The very process of creating a prenup encourages couples to discuss money transparently—something many partners struggle to do.

These conversations help establish shared expectations about spending, saving, property ownership, and long-term planning. Rather than damaging a relationship, a thoughtfully prepared prenup can foster trust, openness, and long-term stability, giving both partners confidence in the commitments they are making together.

Common Misconceptions About Prenuptial Agreements

“Prenups Are Only for the Wealthy”

In reality, anyone with income, property, debts, or children can benefit from a prenup.

“Prenups Mean You Don’t Trust Each Other”

A prenup is not about distrust—it’s about clarity and planning.

“Prenups Encourage Divorce”

Prenups often reduce stress and uncertainty, which can protect marriages rather than undermine them.

“Prenups Are Unromantic”

Open communication about finances is one of the best investments a couple can make in their future.

What Makes Agreements Unenforceable?

Certain mistakes can make a prenup vulnerable to legal challenges:

• Signing too close to the wedding
• Inadequate or missing financial disclosures
• One spouse not having time to review
• Terms that are extremely unfair
• Poor or vague drafting

Working with an experienced Jacksonville prenuptial agreement lawyer ensures these issues are avoided.

Frequently Asked Questions About Premarital Agreements in Florida

Are prenuptial agreements enforceable in Florida?

Yes, as long as they meet statutory requirements for fairness, disclosure, voluntariness, and proper execution.

When should we sign a prenup?

Well before the wedding. Signing too close to the ceremony could create claims of duress.

Can a prenup be changed after marriage?

Yes. Couples may modify or revoke their agreement in writing and with both spouses’ signatures.

Do we both need separate lawyers?

It’s not required, but we strongly recommend it for enforceability and fairness.

What happens if financial disclosures are incomplete?

A court may invalidate all or parts of the agreement.

Can a prenup address child custody or child support?

No. Florida prohibits these terms from being predetermined in nuptial agreements.

Are postnuptial agreements treated differently?

They follow similar rules but are executed after marriage.

Speak with a Jacksonville Prenuptial Agreement Lawyer Today

If you’re planning a wedding or looking to clarify financial expectations within your marriage, you don’t have to navigate the process alone. The experienced family law attorneys at Sasso Guerrero & Henderlite can help you create a clear, enforceable, and personalized prenuptial or postnuptial agreement that protects your future.

Request your confidential consultation today and take the next step toward peace of mind and financial clarity!