Prenuptial & Postnuptial Agreements
Prenuptial and postnuptial agreements allow couples to define how assets, debts, and financial responsibilities will be handled in the event of divorce or death, providing clarity and protection before disputes arise.
At Sasso Guerrero & Henderlite, our family law attorneys draft, review, and negotiate marital agreements that protect our clients’ financial interests while meeting Florida’s legal requirements for enforceability. We represent clients entering a prenuptial agreement before marriage as well as spouses seeking a postnuptial agreement afterward.
What this service includes
- Drafting prenuptial agreements before marriage
- Drafting postnuptial agreements during marriage
- Protection of separate property, businesses, and inheritances
- Alimony waivers and limitations
- Debt allocation and liability protection
- Review and negotiation of agreements drafted by the other party
- Full financial disclosure preparation
- Amendments and updates to existing agreements
- Enforcement and defense of agreements during divorce proceedings
- Agreements addressing business succession and estate planning goals
Our process
- Case analysis: Review the client’s assets, liabilities, and goals to assess the case specifics.
- Financial disclosure: Both parties compile a full and honest disclosure of assets, debts, and income, which is essential to the agreement’s enforceability.
- Drafting and negotiation: Draft the agreement’s terms and negotiate with the other party or their attorney until both sides reach acceptable terms.
- Independent review: Each party reviews the agreement with independent counsel to confirm it is entered into knowingly and voluntarily.
- Final documentation: Finalize and provide clients with all necessary legal documents confirming the signed prenuptial or postnuptial agreement.
Frequently asked questions
How long does it take to create a prenuptial agreement?
Timelines vary depending on the complexity of the assets involved and how quickly both parties reach agreement, but they typically take several weeks and should be started well before the wedding date.
Are prenuptial agreements enforceable in Florida?
Yes, provided the agreement was entered into voluntarily, with full financial disclosure, and without fraud, duress, or unconscionable terms.
What’s the difference between a prenuptial and postnuptial agreement?
A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the marriage has already begun; both serve similar purposes.
Can a prenuptial agreement cover child custody or child support?
No. Florida law does not allow these agreements to predetermine child custody or child support, as those issues must reflect the child’s best interests at the time.
Can we change our agreement later?
Yes. Both spouses can agree to amend or revoke a prenuptial or postnuptial agreement at any time, provided the changes meet the same legal formalities.