A prenuptial agreement is a contract between two prospective spouses that they enter into before their marriage. Parties may chose to enter into a prenuptial agreement to decide in advance what will happen to their property or how they will support one another in the event of divorce or death. A prenuptial agreement must be in writing in order to be enforceable under Florida law. The purpose of a prenuptial agreement is to outline each party’s obligations and rights prior to and after the marriage. Prenuptial agreements include such topics as division of property, allocation of money, and specific promises between the parties. Prenuptial agreements may not include waivers of temporary support obligations or provisions regarding parental responsibility, parental support and time-sharing rights.

A postnuptial agreement is an agreement between a married couple. Marital settlement agreements are a form of postnuptial agreements. Postnuptial agreements must be in writing in order to be enforceable under Florida law. Postnuptial agreements and marital settlement agreements are written between spouses who plan to either separate or divorce, and are written prior to or during the process for divorce. These agreements can include provisions regarding separate and marital property, support obligations or both.

Child support, parental responsibility, a parenting plan and time may be included in a postnuptial and prenuptial agreement but are always subject to the modification and approval by the court.