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Your Florida Prenup Checklist

Your Florida prenup checklist: Ensure a fair, enforceable agreement by covering assets, debts, legal advice, and more before your wedding day.

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Starting a prenuptial agreement can feel overwhelming, but it’s a powerful way for Florida couples to build trust and protect their future together. At First, we encourage you and your partner to sit down, have an open conversation, and walk through this essential Florida prenup checklist. Covering all the key elements helps ensure your agreement is clear, fair, and legally sound.

Your Florida Prenup Checklist

1. Full Financial Disclosure

Both parties must provide a complete and honest list of assets and debts to comply with Florida law and avoid future challenges. This includes:

Current income streams
Real estate holdings with current market values
Bank and investment accounts
Retirement funds (401(k), IRAs, pensions)
Business ownership or interests
Vehicles and valuable personal property
Outstanding debts like loans and credit cards
Expected inheritances or trusts

2. Define Separate vs. Marital Property

Clearly identify which assets are premarital and remain separate, and which will be considered marital property during the marriage.

Specify treatment of asset appreciation
Address gifts and inheritances received during marriage
Clarify rules for co-mingling funds (e.g., joint accounts)
Outline handling of future property acquisitions

3. Allocate Debt Responsibility

Decide who is responsible for premarital debts and how debts incurred during marriage will be managed.

Assign responsibility for individual debts
Address joint debts such as mortgages or business loans
Clarify credit card and loan liabilities

4. Spousal Support Terms

Determine whether spousal support (alimony) will be waived or included, and specify conditions, amounts, and duration.

Include modification clauses for life changes
Consider sunset clauses limiting support over time

5. Legal Representation and Fairness

Ensure both parties have independent legal counsel review the agreement, protecting your rights and increasing enforceability.

Document voluntary signing and understanding
Obtain notarization with two witnesses
Sign well in advance of the wedding date

6. Choice of Law and Jurisdiction

Specify that Florida law governs the agreement to avoid confusion, especially if one or both parties have ties to other states or countries.

7. Optional Clauses to Consider

Sunset clause to expire certain provisions after a set time or event
Provisions for children from previous relationships
Business succession or ownership plans

A thoughtfully prepared prenup is more than just a legal document, it’s a foundation for open communication and mutual respect. At First, we make it easy for Florida couples to work through this checklist together, ensuring your prenup reflects your unique situation and protects your future. Start your journey with First today and turn this important conversation into a positive step forward.

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