Prenuptial Agreements in Florida

Types of Family Law Cases We Handle

Our experienced Our experienced Florida prenup lawyers

Focus on helping people in Miami and other Florida areas draft marital agreements that protect their assets and secure their future with confidence and care.

If you’re planning to marry soon, you’re likely not thinking about what will happen if the marriage fails. Unfortunately, failing to plan for unanticipated life events can result in negative consequences, including a drawn-out legal battle and the loss of assets that are important to you. A Miami prenup lawyer can help you protect your assets and yourself

What Is a Prenup?

A prenuptial agreement — commonly referred to as a prenup — is a contractual agreement that two people enter before getting married. A prenup generally includes the assets each of them owns and also contains specifics on the assets each individual will receive if the marriage fails.

While prenups are often viewed as unromantic, they are powerful tools for clarity. We help you understand exactly what a woman should ask for to secure her financial independence, as well as the viable alternatives to a prenuptial agreement that may better suit your relationship dynamic.

The Types of Considerations Included in Prenups

There are several questions that can be answered through a prenup, such as:

What assets does each party have, and how will those assets be treated in the marriage? Will they remain the possession of one party or be jointly owned?
What debts does each party have? Will those debts remain with the party who originated them, or will both parties be responsible?
What assets does one party intend to leave to children from a previous relationship? How should their inheritance be handled? Will the parties waive their inheritance rights from each other?
Who is responsible for paying bills and filing tax returns in the marriage? How will savings accounts, credit cards, and investments be handled?
Who is planning to earn the household income? Will one parent stay home and provide care for the children?
How will assets and marital property be divided in a divorce?

It is important that the prenup is drawn up clearly and understandably and is thorough in the topics the agreement covers.

Modifying a Prenup

Just as divorce is often an unanticipated event in life, other unexpected events — such as an increase or decrease in wealth, the birth of a child, or a child with special needs — can make the prenup seem out-of-date after years have passed.

Prenups can be modified at any time during the marriage, provided both parties agree to the modifications through what is referred to as an amendment. An amendment is a page legally added to the original agreement that explains the new changes and can override parts of the original agreement.

How a Miami Prenup Lawyer Can Help

One of the most important aspects of a prenup agreement is to avoid a contentious legal battle if the marriage should end and to have a say on how assets will be distributed. Unfortunately, the preparation of many couples goes to waste when a divorce occurs and it is discovered that the prenup is not legally valid. A Miami prenup lawyer can help individuals who are planning to marry to have the candid conversations necessary to create an agreement that is specific and enforceable.

At Vasquez de Lara Group we can also assist couples who failed to draft an agreement before marriage to create other types of marital agreements — such as a postnuptial agreement — that can resolve the same type of matters as the prenup. If both parties determine that it is time to amend the prenup provisions, or one party wants out of the prenup while the other doesn’t, a family lawyer can also assist with those matters. Visit us at one of our locations.

Top-Rated Miami Prenup Lawyers

Protecting your assets. Securing your future. We’ve helped many clients in Miami and all over Florida draft effective prenups, and we understand what you need. Gain some peace of mind before saying, “I do.”

You Have Questions. We Have Answers.

Who should consider getting a prenup in Florida?

Prenups are useful for many couples, not just the wealthy. Common reasons include protecting premarital assets or a family business, addressing debts, providing for children from a prior relationship, and agreeing in advance on how property and alimony will be handled if the marriage ends. Florida uses equitable distribution, which starts from an equal division of marital assets but allows the court to adjust based on evidence, so a prenup lets you set clear rules together and understand how divorce affects your agreement in Florida.

What should not be included in a prenup?

A prenup cannot predetermine child custody or time-sharing, and it cannot adversely affect a child’s right to support. Day-to-day personal matters that are not financial are generally not enforceable. Property division, spousal support, choice of law, and life insurance can be addressed if they comply with Florida law.

How long does a prenup last, and can we change it?

A prenup must be in writing and signed, and it becomes effective when you marry. It stays in effect unless you amend or revoke it with another signed agreement. You may include a sunset clause that ends the prenup after a set time or event.

What is a postnuptial agreement, and is it enforceable in Florida?

A postnup is a written agreement spouses sign after they marry. Florida courts enforce postnups that are voluntary, made with full and fair financial disclosure, and fair under the circumstances. Courts look at factors from Casto v. Casto, including voluntariness, disclosure, and unconscionability. Independent counsel is recommended for each spouse, but it is not strictly required.

Can we waive or limit alimony in a prenup or postnup?

Yes, spouses can waive or set limits on alimony in a prenup or postnup. Courts may still award temporary support during a pending case if legal standards are met, and any child support remains unaffected by your agreement. The court will also evaluate the agreement’s validity before enforcing a waiver.

What Our Clients Say

Link to review

I hired Vanessa to assist me with a modification to my existing parenting plan due to relocation. Vanessa and her team were efficient and quick. I was able to amicably work out terms with my ex thanks to the guidance and care the office took with my case. I highly recommend Vanessa to anyone who needs a family attorney.

I’ve had the privilege of working with Vanessa before. She helped my daughter and me at a time when we most needed it. If Vanessa needs anything I hope that she knows that I won’t hesitate to run to her aid, even after many years. If anyone needs a good and experienced family lawyer with a big heart, I have and will continue to refer them to Vanessa!

Not only is Vanessa extremely knowledgeable, but she truly does care, she is passionate about her work and that really shines through as she will always give 100% in everything she does. If you are looking for a lawyer, there is no better option than Vasquez de Lara Law Group

I had a phenomenal experience with this divorce law firm. The staff was very helpful and knowledgeable. Their level of professionalism is second to none. I would highly recommend them.

Vanessa de Lara is an outstanding family lawyer. I couldn’t have made a better choice, Vanessa does what she says she is going to do, when she says she’ll do it - her advice is firm, reasonable and fair. She is responsive to communications and a great listener." Thank you Vasquez de Lara Group for your advices.

Vanessa Vasquez is one of the best, most knowledgeable, and outstanding lawyers I have ever met. She is hard-working but most importantly, she is passionate about her work and her clients. She sees divorce as a last resource. I'd definitely recommend her as a family lawyer.