Can You Get a Prenup After Marriage in Orlando, FL?

Marriage is a major life event that comes with emotional, financial, and legal commitments. Many couples prepare for marriage by signing a prenuptial agreement to govern their affairs in the event of divorce.

 

However, others may not think about legal issues until after the wedding. Fortunately, Florida law allows couples to create similar protections after marriage through a postnuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement (often referred to as a “prenup”) is a legally binding contract signed before marriage. It outlines how assets, debts, property, and other financial matters will be handled in the event of divorce or death. 

 

Prenups are useful in situations where one or both parties bring significant assets into the marriage. They are also helpful if one or both spouses own a business or have children from previous relationships.

 

In Florida, prenups are enforceable as long as both parties voluntarily agree to the terms and fully disclose their finances. The terms cannot be unconscionable at the time of signing.

Postnuptial Agreements After Marriage

If you didn’t sign a prenup before marriage, you can enter into a postnuptial agreement to obtain similar results. A postnuptial agreement, or “postnup,” is a contract entered into after the wedding/marriage.

 

Just like a prenup, it defines how assets, liabilities, spousal support, and other financial issues will be handled during the marriage and in the event of divorce or death.

 

Postnups can be especially helpful if a couple experiences a significant life event that changes their financial outlook, such as:

 

  • Receiving an inheritance
  • Starting or selling a business
  • Buying property
  • Marital difficulties
  • Making estate plans involving children from previous relationships

 

These agreements reduce the likelihood of future legal disputes by clarifying each spouse’s rights and obligations.

Is There a Time Limit for Getting a Postnuptial Agreement?

Florida law does not impose a time limit for entering into a postnup. You can sign one at any point during the marriage.

 

However, the longer a couple waits to sign such an agreement, the more complicated their finances might become, especially if they’ve accumulated joint assets or debts. That’s why it’s important to address marital and financial issues sooner rather than later, particularly following a major financial development or shift in the relationship.

Legal Requirements for Postnuptial Agreements in Florida

To be valid and enforceable, a postnuptial agreement must meet specific legal requirements under Florida law.

 

Specifically, it must have the following features: 

 

  • Voluntary Agreement: Both spouses must enter into the agreement willingly, without undue pressure or coercion.
  • Full disclosure: Each spouse must fully disclose all assets, debts, and income. Failing to do so can make the agreement invalid.
  • Fair and reasonable terms: The agreement should not be so one-sided that a court would find it unconscionable.
  • Written and signed: Oral agreements are generally not enforceable; the postnup must be in writing and signed by both parties.

 

It’s important that postnuptial agreements follow all procedural and technical requirements. Each spouse should have independent legal counsel before signing to ensure that the agreement is valid and enforceable. 

Contact an Orlando Family Lawyer for Help With a Marital Agreement

If you’re considering a prenup or postnup, working with an experienced family lawyer can help you achieve your goals. These agreements involve complex legal issues and must be carefully drafted to comply with Florida law.

 

A qualified Orlando family law attorney can help you 

 

  • Understand your rights and obligations
  • Draft a clear, enforceable agreement
  • Ensure full financial disclosure is made by both parties
  • Address your specific concerns, such as protecting a family business or inheritance

 

Reach out to an experienced family lawyer in Orlando to explore the process of creating a marital agreement. 

Contact Our Family Law Firm in Orlando, FL

Contact the experienced Orlando family lawyer at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803