Prenuptial Agreement Lawyer in Clearwater, FL
Protect Your Future with a Thoughtfully Drafted Prenuptial Agreement
At McGuire Law Offices, we believe that planning ahead is one of the most powerful ways to protect your assets, preserve your peace of mind, and build trust in your relationship. A prenuptial agreement—also known as a premarital or antenuptial agreement—is a legal contract entered into before marriage that defines how property, debts, and support will be handled in the event of divorce or death. These agreements provide clarity and protection for both parties, especially when there are significant assets, children from previous relationships, or business interests involved.
Serving Clearwater and all of Pinellas County, our experienced family law attorneys can help you create a prenuptial agreement that meets Florida’s legal requirements and supports your unique goals and relationship dynamics. Whether you’re entering into your first marriage or protecting yourself after a previous divorce, we’ll ensure your rights are safeguarded every step of the way.
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What Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract signed before marriage that goes into effect once the couple is legally married. It establishes financial responsibilities, property division terms, and—in some cases—spousal support in the event of divorce or death.
Under Florida law and the Uniform Premarital Agreement Act (UPAA), which has been in effect in Florida since October 1, 2007, prenuptial agreements may cover:
- Division of property and assets
- Management and control of business or real estate interests
- Spousal support obligations
- Rights to life insurance or inheritance
- Choice of governing law in future legal disputes
- Personal rights (to an extent), such as the right to reside in the marital home
Benefits of a Prenuptial Agreement
Prenups are not just for the ultra-wealthy. They can benefit a wide range of individuals, including:
- Business owners looking to protect their company
- Individuals with children from a prior relationship
- Anyone entering a marriage with significant assets or debts
- Couples who want clarity and transparency from the outset
A well-crafted prenup promotes harmony by aligning expectations and reducing the potential for future legal disputes. It can also protect spouses from each other’s creditors and simplify divorce proceedings, saving time, money, and emotional strain.
Prenuptial vs. Postnuptial Agreements
While prenuptial agreements are signed before the wedding, postnuptial agreements are entered into after a couple is legally married. Both contracts are used to determine how property and finances will be handled, but prenups are often easier to enforce because they are made without the complexities of an ongoing marriage.
Additionally, marital settlement agreements—often confused with prenups—are made when a marriage is ending and deal with property division, alimony, and sometimes child custody and support. Each agreement serves a distinct purpose, and our attorneys can help determine which type of contract best fits your circumstances.
Can a Prenuptial Agreement Be Challenged?
Yes—but only under specific conditions. Under Florida law, a prenuptial agreement may be deemed unenforceable if:
- It was signed under duress or coercion
- One party did not receive full disclosure of the other’s assets and debts
- The agreement was unconscionable at the time it was signed
- It includes provisions that violate public policy (such as encouraging divorce)
- It adversely affects child support obligations
To protect the validity of your agreement, it’s essential to work with a knowledgeable family law attorney. At McGuire Megna Attorneys, we ensure your prenup is drafted with full transparency, fairness, and attention to detail.
Common Prenuptial Agreement Provisions
Each prenup is unique, but commonly included terms may address:
- Ownership and management of separate or marital property
- Division of income and investments
- Rights to retirement accounts and pensions
- Responsibility for debts
- Spousal support (alimony)
- Distribution of assets in the event of death
- Provisions for children from previous marriages
Note: Prenuptial agreements cannot waive a parent’s obligation to pay child support, and provisions that violate a child’s best interests are unenforceable.
Protecting Your Rights in Clearwater & Pinellas County
Whether you’re marrying for the first time or planning a blended family, a prenuptial agreement can give you peace of mind and a solid foundation for your future. With over two decades of experience in Florida family law, McGuire Megna Attorneys can help you draft or review a prenuptial agreement that stands up in court and protects your interests.
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Frequently Asked Questions
Entering into a marriage is a major life decision—and for many couples, it also makes sense to plan for the “what ifs.” Prenuptial agreements, or prenups, are powerful tools to safeguard individual assets, clarify financial responsibilities, and avoid unnecessary conflict in the future. Whether you’re considering one for asset protection or peace of mind, here are answers to some of the most common questions we receive about prenuptial agreements in Florida.
A prenuptial agreement (also called a premarital agreement) is a legally binding contract made between two people before marriage that outlines how property, debts, and other financial matters will be handled in the event of divorce or death. Florida follows the Uniform Premarital Agreement Act, which governs the creation and enforcement of these agreements.
Yes—if properly drafted, disclosed, and executed, prenuptial agreements are enforceable in Florida. To ensure enforceability, both parties must enter into the agreement voluntarily, fully disclose their assets and liabilities, and avoid provisions that violate public policy, such as waiving child support.
While it’s not legally required to have a lawyer, it’s strongly recommended. Each party should be represented by separate legal counsel to ensure the agreement is fair, legally valid, and enforceable. Having independent legal advice can also help prevent future claims of coercion or lack of understanding.
Yes. A prenuptial agreement can be amended or revoked at any time after marriage, but both spouses must agree in writing to the changes. If a couple wishes to make significant changes after the wedding, they may also choose to create a postnuptial agreement instead.
A prenup can cover a wide range of topics, including:
- Division of assets and debts
- Spousal support (alimony) terms
- Rights to real estate or business interests
- Estate planning and inheritance rights
- Retirement accounts and insurance benefits
However, it cannot predetermine child custody or eliminate child support obligations.
Prenups are a wise choice for:
- Individuals with significant assets or family inheritances
- Business owners or entrepreneurs
- Couples entering second or third marriages
- People with children from previous relationships
- Anyone seeking financial clarity or debt protection before marriage
Yes. A well-drafted prenup can clearly define a business as separate property, exclude it from marital assets, and establish terms for any increase in value during the marriage. This can be crucial for protecting your ownership and preventing complicated disputes in the event of divorce.
Under certain circumstances, a court may find a prenup invalid or unenforceable, such as:
- If one party was coerced or forced to sign
- If there was fraud or failure to disclose financial information
- If the agreement is extremely one-sided (unconscionable)
- If it includes illegal or inappropriate terms
This is why proper drafting and legal guidance are critical from the start.