Florida Premarital Agreements - PTM

PTM Provides Prenup Services in the Following Areas

Prenup Attorney in Gainesville, FL

We are happy to meet with any of our clients in our office located in Gainesville, FL. The office is found off of Tower Road. Please make an appointment for your visit.

Prenup Attorney all throughout the State of Florida

We are happy to meet with you either by phone or over zoom if you are not in the Gainesville area. Premarital agreements do not require in person conversations with a law firm; we represent clients from all across the state of Florida.

Prenup FAQ

What is a Prenup?

A prenup, referred to as a premarital agreement under Florida law, is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” 

Why is a Prenup Important?

A prenup is important because, without one, a judge will determine what happens to your assets in the event of a divorce (or even death). You and your partner know your relationship and circumstances better than anyone, so while a judge will certainly try to do what is fair, you and your partner will have a much better idea of what fair looks like.

Florida is an equitable distribution state.  This means that if there is no prenup, it falls to the judge to assess the martial property, and determine a “fair distribution” of the martial property.  Fair distribution is an objective, legal standard.  Therefore, unless there is a justification for an unequal distribution, the martial property will be divided equally based on the information that the judge is provided regarding the marital property.  This includes any assets or debts that are acquired by either spouse during the marriage. 

Without a prenup, it is common for a divorcing couple to spend time and money in an adversarial litigation over what a fair distribution looks like.  This adds a layer of stress to what is already an emotionally wrought situation.  Having an effective prenup is a safety net that will protect you from the time, stress, and costs of litigation.

When is a Prenup Appropriate?

A prenup is recommended before entering into any marriage. We get it—Many couples cannot imagine getting a divorce while planning a wedding. In fact, both Blakely and Kaytlin are happily married. However, they would be the first to recommend that you get a prenup.

Ideally, a prenup is never needed. But the existence of this contract protects both parties by dictating the terms of a divorce at a time when the couple is most likely to lay out fair terms, on the basis of mutual love and respect.  Spending the time and money upfront to procure an effective prenup is truly worth every penny, and is a sign of profound love and respect in a relationship.

Are Prenups Just for Rich People?

No, prenups are not just for the wealthier class. A prenup is useful regardless of how much money a couple makes.

A prenup determines the allocation of assets, which is certainly important when there are a lot of assets on the table. But this is not the only reason to get a prenup! Prenups also:

• Establish law governing a potential divorce

• Provide debt protection

• Protect family heirlooms (or anything of sentimental value)

• Protect children from a previous relationship

• Provide clarity in financial responsibilities

• Support business goals

• Help avoid arguments, especially argument related to finances (which is one of the leading causes for divorce!)

This means that anyone and everyone can benefit from a prenup, regardless of their socioeconomic status.

How Do I Ask My Partner for a Prenup?

There is no “best way” to bring up a prenup, as every person handles this topic differently. While asking your partner for a prenup may feel a little uncomfortable, this experience can be focused on engaging in open and honest communication with the goal of fostering security, and an understanding about finances, between a couple preparing to merge their lives together.  A good attorney will be happy to strategize how you can best broach this topic with your loved one so that it strengthens the relationship instead of creating tension or hurt feelings. 

What is Included in a Prenup?

A prenup can vary widely from couple to couple. However, a prenup will typically cover matters regarding property, alimony, estate planning, life insurance proceeds, and venue (i.e., where a lawsuit would be filed in the event litigation is required). Our attorneys at PTM will work with you to hone in on what should be included in your prenup to best serve and support you.

What Cannot Be Included in a Prenup?

Florida law does prevent certain topics from being addressed in a prenup. One of the biggest issues that cannot be determined in a prenup is child custody arrangements or child support. While these are arguably two of the more important factors for a divorcing couple, it cannot legally be addressed in a prenup.  Florida law dictates that these matters must be based on the children’s best interest, so these issues cannot appropriately be determined by the parents.

Certain limitations to alimony and the financing of divorce litigation may also be considered nonbinding by a court depending on the specific terms of these provisions. Additionally, it is worth adding here that a prenup cannot be used to incentivize someone to marry someone else.  Specifically, a prenup cannot provide cash, assets, or other items as “payment” for entering into the marriage.

Can I Include an “Anti-Cheating” Clause?

Yes, you can have an infidelity clause (aka, an “anti-cheating” clause) included in your prenup. This is a form of lifestyle clause, which is permissible in Florida. 

While an infidelity clause in a premarital agreement is not a means to fast track a divorce with a large payout for the “innocent” or “loyal” party, this sort of provision can outline financial consequences in the event that one party is not faithful to the other during the duration of their marriage.  It should be cautioned though that these are complex clauses, ripe for litigation, and that anytime a prenup includes a hard limitation like this (specifically a provision that may “punish” a party or other such lifestyle clauses), there is a risk that a court may not enforce this provision. 

In fact, not all states recognize infidelity clauses.  For instance, a California court cannot use the fact that a spouse cheated to determine how the court will divide the marital assets.  Therefore, having a fidelity clause in a California premarital agreement may invalidate the entire agreement.  While a prenup with such a clause with a choice of law form specifying Florida law applies may still survive if a dissolution is filed in California, there is a risk that the infidelity clause is still stricken by the California court.

How Do I Get a Prenup?

The best way to get a prenup is by consulting with an experienced attorney who can draft a prenup best suited for you.

While there is no requirement that an attorney be the one to draft a prenup, having a legal advocate is essential to protecting your rights and ensuring your prenup will actually serve its purpose. There are “pre-made” prenup templates available online, along with free AI programs that may be able to “draft” up a something that looks like a prenup for little to no cost. However, more often than not these prenups fail to be enforceable. Horror stories are already floating around the legal community about this “life hack.” What seems to be a cheap option on the front end may cost thousands of dollars down the road (if not more!).

What is a Financial Disclosure?

A financial disclosure is where both partners share their assets, income, debts, businesses, accounts, inheritances, etc. This is a necessary part of the prenup process that will help ensure the validity of your prenup down the line if it is ever challenged.

In many states, a complete financial disclosure is mandatory. However, Florida allows for a waiver of a financial disclosure under the Uniform Premarital Agreement Act (“UPPA”). Just because a waiver is allowed though does not mean it is recommended. As Kaytlin will tell you if you discuss this with her during your free consultation, without a complete financial disclosure, there is a substantial risk that your prenup will not be nearly as effective as it could be (from the substance of the prenup itself, to the enforceability of the prenup in court).

Can I Change My Prenup?

Yes, a prenup can be changed!  Even after marriage, a prenup may be amended, revoked, or abandoned. In fact, it is recommended that your prenup be updated if your financial circumstances change or if you are moving to a different state or country, which was not anticipated when originally drafting the prenup.

CAUTION: While you can technically change your prenup at any point, this is only possible if both you and your partner agree to do so!

Contact a Prenup Attorney for a Free Consultation

PTM Trust and Estate Law is happy to answer your questions about premarital agreements. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead. We help clients all throughout the state of Florida.