Jacksonville Prenuptial Agreement Attorneys.

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What Exactly is a Prenuptial Agreement

Prenuptial agreements, or premarital agreements, also referred to as “Pre-Nups” are premarital agreements that are generally valid and enforceable in Florida subject to the following rules and conditions. A premarital agreement is usually about property acquired before a marriage and the rules governing contract law apply. Courts carefully consider marital agreements for good faith and lack of undue influence. And a spouse claiming the validity of a premarital agreement must establish the fairness of the contract.

The following information about prenuptial agreements is a very high level overview of prenuptial agreements and provides a general understanding of what a prenuptial agreement is and what it is for. Every prenuptial agreement is unique and must be tailored to the unique circumstances of the parties the agreement is prepared for.

Important Points About Prenuptial Agreements

Florida has adopted the Uniform Premarital Agreement Act (UPAA), which governs how couples in the state can define financial rights and responsibilities before marriage. At McGRATH GIBSON LAW, our experienced Jacksonville prenuptial agreement attorneys help clients create legally sound agreements that protect their assets and clarify expectations. A prenuptial agreement allows future spouses to determine how property, spousal support, and other financial matters will be handled if the marriage ends in divorce or death. However, Florida law prohibits prenuptial agreements from determining child custody or support, as those decisions must always serve the best interests of the child. Also the Florida Statute of Frauds applies to premarital agreements.

Entering into marriage itself serves as the required legal consideration for a valid prenuptial agreement in Florida. Once the marriage occurs, any modification, revocation, or termination of the agreement must be in writing and signed by both parties. These changes can be enforceable without additional consideration. In cases where a marriage is declared void through annulment, a valid prenuptial agreement remains enforceable only to the extent necessary to prevent an unfair result. Our Jacksonville prenuptial agreement attorneys ensure every agreement we draft complies with Florida law and anticipates potential legal challenges.

Florida law also allows premarital agreements to include provisions for attorney fees and court costs, awarding them to the prevailing party in disputes over the agreement’s validity or enforcement. This “prevailing party clause” means that the losing party in litigation may be required to pay the legal expenses of the party who successfully defends or enforces the agreement. Such provisions provide an additional layer of financial protection and help discourage frivolous legal claims. Our Jacksonville prenuptial agreement attorneys carefully draft these clauses to safeguard our clients’ interests in the event of future disputes.

For a prenuptial agreement to be valid, it must be entered into voluntarily and with full financial disclosure by both parties. Courts will closely examine whether each party had adequate opportunity to review the agreement, seek independent legal counsel, and understand the terms before signing. A party who later challenges the agreement generally cannot claim ignorance, since due diligence during the disclosure process would have revealed the relevant financial information. Our Jacksonville prenuptial agreement attorneys take care to ensure every agreement is transparent, fair, and enforceable under Florida law.

At McGRATH GIBSON LAW, we understand that discussing a prenuptial agreement can feel uncomfortable, but it is one of the most practical and responsible steps a couple can take before marriage. These agreements are not about distrust, they are about protecting both partners and creating financial clarity. Our attorneys guide clients through the process with discretion, compassion, and professionalism. From initial consultation to final signing, we ensure every detail is addressed with accuracy and care, giving couples confidence and peace of mind as they begin their marriage.

With decades of combined experience in Florida family law, our Jacksonville prenuptial agreement attorneys have earned a reputation for precision and integrity. We draft agreements that reflect each client’s personal goals while meeting the highest legal standards. Whether you are entering your first marriage, remarrying, or bringing significant assets into the relationship, our attorneys will help you prepare an agreement that protects your future. We are dedicated to helping clients build strong foundations for lasting marriages through transparency and thoughtful legal planning.

If you are considering a prenuptial agreement, our Jacksonville prenuptial agreement attorneys will explain your options, answer your questions, and craft an agreement that aligns with your needs and Florida law. By taking proactive steps today, you can protect your assets, clarify your expectations, and enter marriage with confidence and mutual understanding. Contact us to schedule a confidential consultation and begin securing your financial future before you say “I do.”

Contact our Jacksonville prenuptial agreement attorneys at McGRATH GIBSON LAW for the answers and guidance to begin your marriage with confidence. Call us to schedule a consultation at (904) 358-3300, or use our contact form below and we’ll get back to you as quickly as possible.

McGRATH GIBSON
Family Law and Divorce Attorneys in Jacksonville Florida Disclaimer:

The lawyers of McGRATH GIBSON LAW are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent clients throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of divorce and family law cases, there are occasions where we may feel it is in the interest of the client to refer their case to another lawyer.

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McGRATH GIBSON LAW family law attorneys offer representation in the areas of Family Law throughout Florida. We represent in cases of Divorce, Property division, Alimony and Maintenance, Child Custody, Child Support and Child Visitation. We represent active duty military in Military Divorce cases which is handled throughout the United States and U.S. Territories independently and with local counsel where required.

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