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Prenups Are Romantic
Secure Your Love, Protect Your Future

Attorney Gabbie Bonilla helps couples approach prenuptial agreements with confidence, respect, and care—so they can move forward feeling aligned and secure.

 

Working with Bonilla Law means more than hiring an attorney. It means having an advocate, guide, and protector on your side.

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Prenuptial Agreements in Florida:
What You Need to Know

Planning a marriage involves more than choosing a venue or guest list. For many couples, creating a prenuptial agreement (prenup) is an important step in protecting their financial future.

Under Florida Statute §61.079, premarital agreements are legally recognized contracts between people planning to marry. These agreements allow couples to decide in advance how financial matters will be handled during the marriage and in the event of divorce or death.

This page explains what a prenup is, how it works under Florida law, and why couples choose to create one.

What Is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a written contract between two people who plan to marry. It becomes legally effective once the marriage takes place.

The agreement typically outlines:

  • How assets and debts will be handled during the marriage

  • How property will be divided in the event of divorce or separation

  • Whether either spouse will receive spousal support (alimony)

  • How financial responsibilities will be managed

 

Prenups are not only for wealthy couples. Many people use them to clarify financial expectations, protect existing assets, and reduce future conflict.

 

Florida Law on Prenuptial Agreements

Prenuptial agreements in Florida are governed by the Uniform Premarital Agreement Act, found in Florida Statute §61.079This law sets the requirements for creating and enforcing a prenup.

Key Legal Requirements

To be valid under Florida law:

  • The agreement must be in writing

  • It must be signed by both parties

  • It becomes effective only after the couple marries

 

Unlike most contracts, a prenup does not require additional consideration beyond the marriage itself.

Why Couples Choose Prenups (This is why you need a prenup!)    

A prenup can help you:                        

  • Protect assets you’re bringing into the marriage               

  • Safeguard a business or professional practice

  • Clarify property, investments, and savings

  • Create predictable and fair support terms

  • Protect children, inheritances, and family assets

  • Reduce conflict by setting expectations early

A Prenup May Be Especially Smart If:

  • One of you owns a business

  • There’s a difference in income or assets

  • Family contributed to a home or down payment

  • You’re expecting an inheritance

  • You want clarity instead of uncertainty

Frequently Asked Questions

Are prenups only for wealthy couples?

No. Prenups are commonly used by couples with businesses, children from prior relationships, property, or future inheritance.

When should a prenup be signed?

Ideally several months before the wedding to avoid claims of pressure or coercion.

Is a prenup automatically enforceable?

No. Courts may invalidate agreements that are unfair, coerced, or signed without proper financial disclosure.

Thinking About A Prenup?

Take our short and quick Prenup Quiz to see if a prenuptial agreement may be right for you. Scan the QR code below or click here to get started.

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