Why Couples in Jacksonville Trust Griffin Family Law With Their Prenuptial Agreement
We are a Florida family law firm serving Jacksonville and the surrounding beach communities from our office in Neptune Beach. Our practice is limited to family law, which means prenuptial agreements, divorce, custody, and related matters are the work we do every day, not a small part of a broader caseload.
We have guided clients throughout Duval and St. Johns County through the process of drafting, reviewing, and finalizing premarital agreements. Our approach centers on clear communication, complete financial disclosure, and terms that hold up if they are ever tested in court.
Attorney Kent Griffin and our team understand that a conversation about a prenuptial agreement is rarely just a legal conversation. It is also a conversation between two people preparing to build a life together. We handle that conversation with the seriousness it deserves and the discretion our clients expect.
What Is a Prenuptial Agreement Under Florida Law
A prenuptial agreement, sometimes called a premarital agreement or antenuptial agreement, is a written contract that a couple signs before their wedding. The agreement becomes effective on the date of marriage and generally addresses how property, debts, and certain financial rights will be handled during the marriage and upon the end of the marriage by divorce or death.
Florida adopted the Uniform Premarital Agreement Act, which appears in Florida Statutes Chapter 61, Section 61.079. This statute sets out what a premarital agreement may address, the standards a court applies when deciding whether to enforce it, and the disclosure requirements that both parties must meet before signing.
Without a prenuptial agreement, Florida law applies equitable distribution principles to divide marital assets and debts in a divorce. A prenuptial agreement allows a couple to set their own terms in advance, rather than leaving those decisions entirely to a judge under the default statutory framework.
Why Jacksonville Couples Are Considering Prenuptial Agreements
Prenuptial agreements are no longer reserved only for high-net-worth individuals or celebrities. Divorce attorneys across the country, including in Florida, have reported a steady increase in premarital agreement requests over the past decade, driven in large part by younger couples, blended families, and individuals who are marrying later in life with more established assets.
These figures come from attorney-reported survey data rather than court filings, since prenuptial agreements are private contracts and are not tracked in a centralized government database. We include them here to illustrate a broader trend, and we encourage anyone reviewing this page for publication to verify current figures against the original survey source.
In our own practice, we see a similar pattern. Couples come to us wanting to protect a business they built before the relationship, safeguard an inheritance for children from a prior relationship, or simply enter marriage with a shared, written understanding of how finances will work.
What a Florida Prenuptial Agreement Can Address
Florida Statutes Section 61.079 gives couples broad latitude to define the financial terms of their marriage in advance. A well drafted prenuptial agreement can cover a wide range of issues, including the following.
- Rights and obligations regarding property owned by either party, whenever and wherever acquired
- The right to buy, sell, use, transfer, or otherwise manage and control property
- Disposition of property upon separation, divorce, or death
- Modification or elimination of spousal support, subject to certain limitations
- The making of a will, trust, or other estate planning arrangement to carry out the agreement
- Ownership rights in and disposition of a life insurance policy death benefit
- Choice of law governing the agreement
- Any other matter, including personal rights and obligations, that does not violate public policy or a criminal statute
What Cannot Be Included in a Florida Prenuptial Agreement
Florida law also places limits on what a premarital agreement can control. A prenuptial agreement cannot predetermine child custody, timesharing, or child support, since Florida courts require these matters to be decided based on the best interests of the child at the time they arise. A prenup also cannot include terms that are illegal or contrary to public policy, such as provisions that penalize a spouse for seeking a divorce.
| Can Be Included | Cannot Be Included |
|---|---|
| Division of property acquired before marriage | Child custody or timesharing arrangements |
| Division of property acquired during marriage | Child support obligations |
| Rights to a business or professional practice | Terms that encourage or penalize divorce |
| Alimony terms, within legal limits | Provisions violating public policy or criminal law |
| Debt responsibility for either spouse | Waiver of a right to legal representation |
| Estate and inheritance planning provisions | Anything unconscionable at the time of signing |
Requirements for a Valid Prenuptial Agreement in Florida
For a Florida court to enforce a prenuptial agreement, the agreement generally must meet several conditions established under Florida Statutes Section 61.079 and Florida case law.
- The agreement must be in writing and signed by both parties
- Both parties must sign voluntarily, free from fraud, duress, or coercion
- Each party must provide a fair and reasonable disclosure of their property and financial obligations, or expressly and voluntarily waive that disclosure in writing
- The terms cannot be unconscionable at the time enforcement is sought
Because a court reviews these factors closely if an agreement is ever challenged, the process of drafting a prenuptial agreement matters as much as the final document itself.
The Prenuptial Agreement Process at Griffin Family Law
We approach every prenuptial agreement as a structured process, not a single meeting. Clear steps and adequate time before the wedding date help ensure the agreement will hold up if it is ever needed.
We recommend starting this process at least several months before a wedding date. Florida courts consider timing when evaluating whether an agreement was signed voluntarily, and an agreement presented for signature only days before a wedding can raise questions about undue pressure.
Prenuptial Agreements for Second Marriages and Blended Families
Prenuptial agreements are especially common among individuals entering a second or later marriage. A prenup allows each spouse to protect assets they intend to leave to children from a prior relationship, clarify how a family home or retirement account will be handled, and reduce the potential for future disputes between a surviving spouse and children from an earlier marriage.
We regularly help clients in Jacksonville and the surrounding communities coordinate their prenuptial agreement with their broader estate plan, so the two documents work together rather than creating conflicting instructions.
Protecting a Business With a Prenuptial Agreement
Business owners face a particular risk without a prenuptial agreement. Under Florida equitable distribution law, the growth in value of a business during a marriage can become a marital asset subject to division, even if one spouse founded the business before the wedding.
A prenuptial agreement can define a business as separate property, address how any increase in value during the marriage will be treated, and outline what happens to ownership and operational control if the marriage ends. This is particularly important for closely held businesses, professional practices, and family owned companies based in Jacksonville and throughout Northeast Florida.
Serving Jacksonville and the Surrounding Communities
From our office in Neptune Beach, we represent clients preparing for marriage throughout Jacksonville, Jacksonville Beach, Ponte Vedra Beach, Nocatee, and St. Augustine. We are familiar with the family law judges and procedures across Duval and St. Johns County, and we bring that local knowledge to every prenuptial agreement we draft.
Related Family Law Services
A prenuptial agreement is often one part of a broader financial and family plan. Our firm also assists clients with the following related matters.
- Postnuptial Agreements for couples who are already married
- Marital Settlement Agreements for couples finalizing a divorce
- High Asset Divorce representation for business owners and high net worth individuals
- Division of Assets guidance under Florida equitable distribution law
- Alimony matters, including modification of spousal support terms
If you are unsure whether a prenuptial agreement or a different planning tool fits your situation, we are glad to walk through your options during a consultation.
Is a prenuptial agreement enforceable i
Frequently Asked Questions
n Florida?
Yes. Florida enforces prenuptial agreements under the Uniform Premarital Agreement Act, Florida Statutes Section 61.079, as long as the agreement was signed voluntarily, both parties provided fair financial disclosure or validly waived it, and the terms are not unconscionable at the time enforcement is sought.
Can a prenuptial agreement address alimony in Florida?
A prenuptial agreement can modify or eliminate spousal support in many circumstances. Florida courts will review these provisions carefully, and an alimony waiver that would leave a spouse eligible for public assistance at the time of divorce may not be enforced.
How much does a prenuptial agreement cost in Jacksonville?
Cost depends on the complexity of your assets, whether a business is involved, and how much negotiation is needed between both parties. We discuss fee structures during an initial consultation once we understand your specific situation.
How far in advance of the wedding should we sign a prenuptial agreement?
We generally recommend beginning the process at least several months before the wedding date. Signing an agreement too close to the ceremony can support a later argument that a party felt pressured or lacked adequate time to review the terms.
Do both spouses need their own attorney for a prenuptial agreement?
Florida law does not require each party to retain separate counsel, but independent legal review for both parties significantly strengthens the likelihood that an agreement will be upheld if it is ever challenged in court.
What happens if we do not have a prenuptial agreement and later divorce?
Without a prenuptial agreement, Florida equitable distribution law under Florida Statutes Section 61.075 governs how marital assets and debts are divided. A judge decides these questions based on statutory factors rather than terms the couple selected in advance.
Contact Griffin Family Law, PLLC at (904) 980-8043 to schedule a consultation about a prenuptial agreement in Jacksonville, Neptune Beach, Jacksonville Beach, Ponte Vedra Beach, Nocatee, or St. Augustine.
