Before and during marriage
A prenuptial agreement is made before marriage. A postnuptial agreement is made after the marriage begins. Either may address subjects such as ownership of property, responsibility for debt, treatment of business interests, and potential spousal support, subject to applicable law.
What makes the process useful?
Good drafting starts with an accurate financial picture and enough time for each person to understand the proposed terms. Separate legal advice can help each spouse assess the agreement from their own perspective. Particular care is needed where one spouse owns a business, expects an inheritance, or brings significant property into the marriage.
These agreements cannot simply override every legal rule concerning children. Terms addressing child support or parenting are subject to the governing law and the court’s review.
For statutory background, see Florida Statutes, Chapter 61.