Do I Need a Prenup?

“It’s not about lack of trust. It’s about clarity, peace of mind, and

starting your marriage on solid ground.”

What is a Prenuptial Agreement, commonly referred to as a Prenup?

Under Florida law, a prenuptial agreement, commonly referred to as a prenup, is defined as an agreement between prospective spouses, made in contemplation of marriage, and intended to become effective after the marriage.

Florida Statutes §61.079 outlines the agreement, but in short:

• Written and Executed by Both Parties: A valid prenup must be in writing and signed by both spouses.

  
  

• Permissible Topics: The agreement may address rights and obligations concerning property (both existing and future), the disposition of life insurance death benefits, choice of governing law, and any other issues not against Florida public policy or criminal law.

  
  

• Limitations on Content: A prenup cannot negatively impact a child's right to financial support or provide for a future time sharing schedule for a child.

  
  

Enforceability Conditions: A prenup may be invalidated in court if:

1. It was not entered into voluntarily,

2. There was a lack of full and frank financial disclosure, or

3. It resulted from duress or coercion.

Think of a prenup as the seatbelt of your marriage—it doesn’t mean you’re expecting a crash, but it sure helps if life takes an unexpected turn. It’s not about a lack of trust or being unromantic; it’s about setting expectations so you both know where you stand. Just like you wouldn’t build a house without blueprints, why start a marriage without a plan? A prenup is less about endings and more about clarity, peace of mind, and protecting both partners from surprises down the road.

So, how do you know if a prenup might be right for you? Here are a few examples:

• Unequal Assets: One partner has significantly more savings, property, or investments.

  
  

• Debt Protection: One partner has substantial student loans, credit card debt, or business liabilities.

  
  

• Family Business or Professional Practice: Protecting ownership and ensuring there won't be a disruption to business in the event of a divorce.

  
  

• Second Marriages or Blended Families: Ensuring your wishes for your children from a prior relationship are financially protected, as well as your wishes in the event of future life changes

  
  

• Inheritance Planning: Safeguarding family property or heirlooms intended for future generations.

  
  

• Clarity About Spousal Support: Setting expectations for both parties in advance to prevent conflict later.

  
  

• Peace of Mind: Simply wanting financial transparency and fairness before walking down the aisle.

Final Thoughts: A prenup isn’t for every couple, but for many, it’s a smart way to protect both partners and avoid misunderstandings or conflicts in the future.

If you’re engaged and wondering whether a prenup makes sense for you, The Law Office of Kristen Bishop Ames, PLLC offers evaluations to help you decide, with clarity and confidence, how you would benefit from a prenup.

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