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The Need for a Prenuptial or Postnuptial Agreement
Getting married is exciting, but money questions can make things tense: “Who keeps the condo if we split?” “What about my small business?” “Are my premarital debts mine alone?” Without a plan, these worries can grow. A simple, fair prenup or postnup agreement can reduce stress today and prevent conflict later. Learn how a clear prenup or postnup fits alongside parenting topics like Time-Sharing & Parenting and Paternity & Fathers' Rights.
At Segarra & Associates, P.A., we help Miami couples create practical Prenuptial & Postnuptial Agreements that fit real life—from Brickell professionals with equity awards to Coral Gables families with homes and heirlooms. You get straightforward steps, local insight, and a document written in plain language.
Prenuptial & Postnuptial Agreements in Miami – What They Can Cover
A prenup (before marriage) or postnup (after marriage) is a written agreement about finances and property. It sets expectations during the marriage and outlines what happens if you separate or divorce, or when one spouse dies.
Common topics include:
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Property and debts owned before the marriage
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Property and debts acquired during the marriage
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How income, savings, and investments are handled
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Business ownership and growth during the marriage
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Spousal support (alimony) limits or terms
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Estate-planning coordination (with your lawyer or CPA)
A prenup or postnup cannot decide child support or time-sharing ahead of time. By statute, a child's right to support may not be adversely affected by a premarital agreement. Florida courts decide children's issues based on the child's best interests under Florida Statutes §61.13. If you have kids or plan to, pair your agreement with clear parenting resources like Time-Sharing & Parenting.
A well-built agreement is clear, specific, and fair. We write in everyday language and add examples (like “what happens to the Brickell condo vs. a later Doral townhome”) so you can actually use the document—not just file it away. For questions about our process, visit Contact Us
Florida's Uniform Premarital Agreement Act (§61.079)
Florida applies the Uniform Premarital Agreement Act (UPAA), which requires that a prenup be written, signed, and entered into voluntarily. A premarital agreement is valid without additional consideration beyond the marriage itself.
If one party later challenges the agreement as unconscionable, enforcement may be denied only if, before signing, that party (a) did not receive fair and reasonable financial disclosure, (b) did not voluntarily and expressly waive further disclosure in writing, and (c) lacked, or could not reasonably have had, adequate knowledge of the other party's finances.
Enforceability
To be valid and enforceable, a prenup must be:
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In writing and signed by both parties
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Voluntary and free from fraud, duress, coercion, or overreaching
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Not unconscionable at the time of execution, subject to the disclosure conditions above
Child-related limits:
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A prenup cannot determine time-sharing or limit a child's right to support (§61.079(4)(a)). Courts decide parenting and time-sharing based on the child's best interests (§61.13).
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If a spousal support waiver would leave a spouse eligible for public assistance at separation or divorce, the court may require support to prevent that outcome.
What a Florida Prenup Can Cover
In line with the UPAA, a premarital agreement can address (including but not limited to):
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Each party's rights and obligations in property owned individually or jointly, regardless of when or where acquired
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The right to manage, transfer, lease, assign, or otherwise control property
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How property will be handled in the event of separation, divorce, death, or other circumstances
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The establishment, modification, waiver, or elimination of spousal support
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The use of wills, trusts, or other arrangements to carry out the agreement
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The ownership rights in and disposition of the death benefit from a life insurance policy
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The choice of law governing the interpretation of the agreement
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Any other matter—including personal rights and obligations—that does not violate public policy or a statute imposing a criminal penalty.
The terms of a prenup can be detailed because every couple's situation is different. It helps to work with an attorney who can draft clear language, organize proper financial disclosure, and prepare the agreement for valid signing.
At Segarra & Associates, P.A., our goal is to make the prenup process straightforward and respectful of your future together. We help you define goals, draft in plain English, and keep the timeline on track.
Postnuptial Agreements in Miami
A postnuptial agreement is similar to a prenup but signed after the wedding. Couples choose postnups for many reasons: a new business, a major inheritance, a home purchase in Miami Beach, or simply a desire to clarify expectations. Postnups can address the same topics as prenups and can also reclassify property (for example, keeping a Kendall rental strictly non-marital). Florida recognizes valid written agreements that exclude assets from the marital estate (Fla. Stat. §61.075(6)(b)5).
The process mirrors a prenup: disclosure, thoughtful terms, and careful drafting. Because a postnup is a contract made after marriage, it generally requires valid consideration (mutual promises or exchanges typically suffice). However, for waivers of death-related spousal rights under §732.702, no consideration is required beyond executing the waiver. If your situation has changed since the wedding, a postnup can update your plan without changing your commitment to each other. You can start a postnup consultation by calling us today.
When Courts May Not Enforce a Prenup or Postnup in Florida
Courts may refuse to enforce an agreement if basic rules are not met. Common problems include pressure or coercion, hiding assets or debts, or terms that were grossly unfair at the time of signing, paired with poor disclosure. Provisions that try to set child support or time-sharing are not valid because those decisions are made in the child's best interests. Florida courts may set aside a postnup for fraud, duress, coercion, or overreaching—or if it was unfair or unreasonable and the challenging spouse lacked adequate financial knowledge or disclosure at signing (the standard from Casto v. Casto, 508 So. 2d 330 (Fla. 1987)).
Red flags that can lead to challenges:
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Not enough time to review before signing (last-minute signing near the wedding).
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Missing or incomplete financial disclosure.
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Fraud, mistakes, or misstatements about assets or income. (See the case of Bates v. Bates, 345 So.3d 328 (Fla. 3d DCA 2021) for a great explanation of what constitutes duress and coercion.)
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These are terms that heavily favor one side when signing.
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Improper execution (e.g., not in writing or not signed).
Note: For any waiver of death-related spousal rights under §732.702, a Florida resident must sign in the presence of two subscribing witnesses; a nonresident's waiver is valid if it complies with the law of the place of execution.
Smart steps that help an agreement hold up:
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Start early so both sides can review comfortably.
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Exchange full, clear financial snapshots.
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Use plain language and avoid confusing terms.
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Consider independent counsel for each spouse.
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Sign correctly and keep both digital and paper copies.
For questions about spousal support terms inside an agreement, see our Alimony page for a deeper look at Miami considerations.
Cost, Process & Timeline for Prenuptial & Postnuptial Agreements in Miami
We keep the steps simple and transparent. Most straightforward agreements can be completed in a few weeks. Complex assets (business interests, multiple properties, or stock grants) may take longer.
Our 7-Step Process
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Consultation: We listen to goals, concerns, and must-haves.
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Financial Snapshot: You gather a clear list of assets, debts, and income.
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Draft: We prepare a plain-English agreement tailored to your plan.
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Independent Review: Each party has the option to consult separate counsel.
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Revisions: We refine terms and add examples for clarity.
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Signing & Notarization: Florida requires a written agreement signed by both parties. Notarization and witnesses support clarity and formality. If the agreement includes a waiver of death-related spousal rights—such as elective share or homestead—the waiving spouse must sign in the presence of two subscribing witnesses if the waiver is executed by a Florida resident. A waiver executed by a nonresident is valid if executed in compliance with the law of the place of execution. If the waiver is executed after marriage, each spouse must make a fair disclosure of his or her estate (mandatory and not waivable). No disclosure is required if executed before marriage.
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Secure Storage: You receive digital and paper copies for your records.
Timeline
Simple files often finish in 2-4 weeks; more complex matters may take 4-8 weeks. We provide a clear quote before drafting begins and flag any issues early.
Have a wedding date on the calendar? Call Segarra & Associates, P.A. at (305) 742-5042 to start your timeline now.
We Also Provide Divorce Representation
While prenuptial and postnuptial agreements are designed to provide clarity and structure during a marriage, circumstances can change over time, and if a marriage does end, having an attorney who understands the intent, language, and legal framework of your agreement can be valuable.
Our firm also provides divorce representation for individuals navigating separation, dissolution of marriage, and related family law matters, with a focus on clear communication, realistic expectations, and practical guidance throughout the process; if you have questions about how an agreement may apply in a divorce or you are considering next steps, we invite you to schedule a confidential consultation.
Service Areas
We draft and review Prenuptial & Postnuptial Agreements across Miami-Dade and Orlando. Start with the location closest to you:
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Miami
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Orlando
Frequently Asked Questions
Can a Prenup Waive Child Support?
No, a prenup cannot waive child support. Florida courts determine support based on the child's needs and each parent's financial circumstances at the time of the decision.
Do We Need Separate Lawyers?
No, you do not need separate lawyers as the law does not always require it. That being said, having separate lawyers is strongly recommended so each person receives independent advice and the agreement is more likely to hold up.
Is a Prenup Valid if Signed Right Before the Wedding?
A prenup signed right before the wedding can be enforceable, but last-minute timing may support a duress or coercion argument. Start early so both sides can review comfortably.
What Can a Postnup Cover?
A postnup can cover property, debts, spousal support terms, and business interests, just like a prenup, but it is signed after the marriage begins.
Can We Change or Cancel an Agreement Later?
Yes, you can change or cancel an agreement later. You can amend or revoke a prenup or postnup in writing if both spouses agree and sign the new document.
Move From Uncertainty to Clarity
A thoughtful prenup or postnup is a relationship planning tool. It brings clarity to property, debts, support, and business interests, so both spouses know the plan—before hard moments arrive. From Downtown Miami to Doral, we tailor agreements to your life, written in plain language and aligned with Florida law.
Segarra & Associates, P.A. helps you move from uncertainty to clarity with a calm, step-by-step process. Start with a friendly consultation, review your financial picture, and leave with a signed agreement that fits your goals.
Ready to get started?
Call Segarra & Associates, P.A. at (305) 742-5042 today for a confidential consultation.
Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.
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Jurisdictional Statement:
Segarra & Associates, P.A. practices law exclusively within the State of Florida. Representation in other jurisdictions may involve association with local counsel.
