What to Include in a Prenuptial Agreement: A Complete Checklist
Getting married is a major milestone, but it is also a binding legal contract. While the emotional aspect of marriage often takes center stage, the practical side deserves just as much attention. Creating a prenuptial agreement is one way to enter marriage with clarity and protection. So, what should be included in a prenuptial agreement?
A prenuptial agreement, or prenup, outlines how you and your future spouse will handle finances, property, and potential disputes if the marriage ends in divorce. It is not about expecting the worst; it is about being prepared and transparent. Whether you are bringing significant assets into a marriage or simply want to avoid future legal battles, knowing what to cover in your prenup is essential.
To ensure that your prenup is enforceable and tailored to your needs, speak with knowledgeable Miami prenuptial agreement attorneys who understand Florida family law and your unique situation.
Why a Prenuptial Agreement Is Important
A prenuptial agreement allows couples to define the rules for their relationship before saying “I do.” Rather than leaving decisions to be made during an emotionally difficult time, a prenup allows you to agree on critical issues while things are calm and constructive.
Some common reasons couples choose to sign a prenuptial agreement include:
- Protecting pre-marital assets
- Clarifying debt responsibilities
- Addressing business interests
- Planning for blended families or children from prior relationships
- Defining alimony terms
Most importantly, a prenup promotes open communication about financial expectations, helping couples enter marriage with mutual trust and shared understanding.
What to Include in a Prenuptial Agreement (Checklist Overview)
If you are wondering what to include in a prenuptial agreement, here are the essential components to cover:
- Separate and Marital Property
Clarify which assets each party owns individually and which assets will be considered marital property after the marriage. This includes real estate, bank accounts, vehicles, and valuables. - Debt Responsibility
Clearly state who is responsible for debts incurred before and during the marriage. This can help prevent one spouse from becoming liable for the other’s student loans, credit card debt, or business liabilities. - Spousal Support (Alimony)
You can include whether either spouse is entitled to alimony and, if so, the terms and duration. This is particularly important in marriages in which one spouse may pause a career to raise children. - Inheritance and Estate Planning
Protect the inheritance rights of children from a previous relationship or family-held assets. The prenup can work in conjunction with your estate plan. - Real Estate
List property owned before marriage and designate how it will be treated. Also, address how property acquired during the marriage will be titled and divided. - Retirement and Investment Accounts
Outline how retirement savings and investment accounts will be managed and divided in the event of divorce. - Business Interests
If you own a business, your prenup should establish how the business will be valued, managed, or divided if the marriage ends. - Dispute Resolution Method
Include a clause stating how disputes over the prenup or divorce issues will be resolved, such as mediation or arbitration instead of court.
While this checklist offers a broad overview, every couple’s situation is unique. That is why working with a family lawyer in Miami is crucial to ensure that your agreement reflects your needs and complies with Florida law.
What You Should Not Include in a Prenuptial Agreement
As important as knowing what to include is knowing what to avoid. Certain topics are not enforceable in a Florida prenup and could risk the validity of the entire document.
- Child Custody or Child Support
In a prenuptial agreement, you cannot pre-determine custody or support arrangements for future children. The court makes these decisions based on the child’s best interests at the time of divorce. - Unfair or Unconscionable Terms
A prenup that is heavily one-sided or punishes a spouse for behaviors like gaining weight or infidelity is likely to be thrown out in court. - Provisions That Promote Divorce
Courts will not enforce terms that seem to encourage divorce or provide financial incentives for ending the marriage.
Having a qualified family lawyer in Miami draft and review your prenup ensures that your agreement focuses on lawful, enforceable topics only.
How to Make Sure Your Prenup Is Valid in Florida
Even the best-written prenup can be thrown out if it does not meet the legal requirements of the state. Florida law has strict guidelines for what makes a prenuptial agreement valid:
- The agreement must be in writing and signed by both parties before the marriage
- Both parties must fully disclose their financial assets and liabilities
- The agreement must be entered voluntarily, without pressure or coercion
- The terms must be fair and reasonable at the time of signing
Additionally, both spouses should have access to independent legal counsel. This helps ensure that neither party was misled or unaware of their rights when signing. Working with experienced Miami prenuptial agreement attorneys can help avoid these issues.
Why You Need a Miami Prenuptial Agreement Attorney
A prenuptial agreement is more than just a form. It is a legal document that can have lasting implications for your finances, property, and future. By working with experienced Miami prenuptial agreement attorneys, you gain access to:
- Customized legal advice based on your goals
- A detailed, enforceable agreement drafted under Florida law
- Risk protection from vague or unenforceable clauses
- Peace of mind as you enter marriage with clarity and confidence
At Bickman Law, we offer tailored legal guidance with discretion, compassion, and decades of experience in Florida family law.
Protect Your Future Before Saying “I Do” | Call Bickman Law Today
You deserve a marriage built on love and trust. But protecting your assets and legal rights is just as important. A well-crafted prenuptial agreement ensures that both partners enter the marriage with transparency and peace of mind.
At Bickman Law, we help couples plan for their future without stress or confusion. Whether you are looking to protect family wealth, outline financial responsibilities, or clarify expectations, our team will create a prenuptial agreement that stands up in court and strengthens your foundation.
With over 15 years of experience, we’re committed to making the process smooth, respectful, and effective.
Don’t wait. Call now to schedule your consultation and get expert legal help.
Frequently Asked Questions
- What to include in a prenuptial agreement to protect my business?
You should include ownership details, valuation terms, and what happens to business shares in the event of divorce.
- Can I protect future income in a prenup?
Yes. You can outline how future earnings, investments, or bonuses will be treated as separate or marital property.
- Do both spouses need a lawyer for a prenup in Florida?
It is not legally required, but strongly advised. A family lawyer in Miami for each party helps ensure fairness and enforceability.
- What happens if we do not sign the prenup before the wedding?
Prenups must be signed before marriage. If not, you may consider a postnuptial agreement instead.
- How long does it take to create a prenup?
It can take a few weeks, depending on the complexity of your assets and how quickly both parties agree. Work with Miami prenuptial agreement attorneys to ensure everything is ready before the wedding.