[FL] [FL] What should I include in a Prenuptial Agreement?

Lexi, Chatbot

I understand you would like your prenup reviewed. Have there been any significant changes in your circumstances since the prenup was created?

Lexi, Chatbot

Could you please provide a brief overview of the key points already included in the prenup?

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your prenup review.

Queeneth E. Esq

Hello. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

Queeneth E. Esq

What state are you in?

Queeneth E. Esq

Thank you for the feedback. You’ve stated the following terms are already included:

• 50/50 custody of children
• No alimony
• LLC ownership and income remain separate
• No division of income earned during marriage
• Marital home to be split 50/50 upon divorce

These are solid starting points.

1. Disclosure of assets and debts – Florida courts will not enforce a prenup unless both parties fully disclose all assets, income, and debts, or waive disclosure in writing. Ensure the prenup includes full schedules of each party’s assets/debts, or a clear written waiver of financial disclosure (must be informed and voluntary).
2. Clarify the treatment of appreciation in business value – Even if your LLCs are protected, growth in value or marital contributions (time, labor, funds) during the marriage could be claimed as marital property.
   Add a clause that says:
   “Any appreciation in value of premarital business interests (LLCs), including income, equity, goodwill, or expansion, shall remain the sole and separate property of [Your Name], regardless of active or passive participation by the other spouse.”
3. Waiver of spousal support (alimony) – Florida courts can strike down an alimony waiver if it is deemed unconscionable at the time of divorce (for example, if one spouse becomes disabled, impoverished, or severely disadvantaged).
   Include a specific, informed waiver of alimony, a statement that both parties understand this waiver, and possibly a clause allowing limited support in case of hardship (to increase enforceability).
4. Custody and child support – While you can express intent for 50/50 custody, child custody and child support are not enforceable in a prenup under Florida law. These are determined at the time of divorce based on the best interests of the child.
   Keep language like:
   “The parties intend to share equal parenting time and responsibilities, subject to a court’s determination at the time of separation.”
   Do not try to set child support amounts — courts will disregard it.
5. Estate rights – Do you want to waive rights to each other’s estate in the event of death? Consider including a waiver of elective share rights, an agreement to create or not contest wills, and clarification of beneficiary designations. This can prevent unwanted estate claims.
6. Governing law and severability – Ensure the agreement includes a clause specifying that Florida law governs and a severability clause, so if one part is struck down, the rest remains valid.
7. Independent legal counsel – Each party should have had the opportunity to consult their own lawyer and acknowledge that they signed the agreement freely, voluntarily, and without coercion. Have both parties sign and notarize with a certificate of independent legal advice (or waiver).

Is there anything else you would like me to explain or any additional information you need? Feel free to ask.