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How strong are Prenuptial Agreements in Florida?

West Palm Beach, FL |

I will be inheriting some money from my parents soon and I will be marrying even sooner. I want to know how much will a prenuptial agreement -which will include having my future wife sign a waiver to obtaining any financial benefits from future earnings or inheritance- will protect me from my wife if we ever file for divorce. Thank you.

Attorney Answers 3


  1. Florida's Uniform Premarital Agreement Act includes specific requirements for a prenuptial, or premarital, agreement to be valid. For example, the agreement must be in writing, both parties must sign the agreement and the agreement is valid without either party giving anything up. The fact that the two parties are getting married is enough to create a valid agreement. You should consult a family/contract attorney in your area to draft the agreement for you.
    Best,

    Camilo A. Espinosa
    3101 Indian Creek Drive, Suite 207
    Miami Beach, FL 33140
    Te. 305.390.0450
    Fax. 305.830.9434
    camilo.espinosa@loigica.com

    This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as


  2. The important thing is to hire an attorney that has experience with prenuptial agreements. Find a couple of attorneys on Avvo in your area and utilize some free consultations. Your future wife should hire an attorney to review the agreement with her, too. Expect the best, but plan for the worse.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.


  3. A prenuptial agreement can be a very strong agreement.
    Also-an inheritance is not a marital asset if kept separate.
    You and your wife should have separate attorneys to make the
    agreement as strong as possible.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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