Pre/Postnuptial Agreements in Daytona Beach

Buckmaster & Ellzey: Compassionate Legal Advice When You Need It Most in Florida

In the reality of the world we live in, many marriages end in divorce. To be prepared in case of this outcome, many couples seek the assistance of a family lawyer to help them draw up either a prenuptial or postnuptial agreement. This is a perfectly natural thing to consider, especially in marriages involving joint business concerns or where either party is entering the marriage with a high amount of assets.

At Buckmaster & Ellzey, our Daytona Beach family attorneys will walk you through all the potential financial outcomes related to divorce and help you determine which legal measures are right for you. Do not enter into a marriage without preparing for every potentiality. Contact Buckmaster & Ellzey for all your marriage agreement needs today.

We are available by phone at (888) 785-6548, or you can contact us online right here. 

Understanding Prenuptial and Postnuptial Laws in Florida

In Florida, the legal requirements for marital agreements change depending on when they are signed. Prenuptial agreements (premarital) are governed by the Uniform Premarital Agreement Act (UPAA) under Florida Statute § 61.079. These agreements are made in contemplation of marriage and become effective the moment the couple says "I do."

Postnuptial agreements, however, are signed after the marriage has already begun. While Florida does not have a single, dedicated statute for postnups as it does for prenups, these contracts are recognized under broader contract principles and Florida Case Law (most notably Casto v. Casto). Because spouses owe each other a "fiduciary duty" once married, postnuptial agreements are actually subject to higher scrutiny by judges.

Prenuptial Agreements

In the state of Florida, current statutes regarding prenuptial agreements make actions surrounding the distribution of assets following the dissolution of a marriage legally binding and enforceable. The major exception to this is if one party is found guilty of coercion or duress during the course of, or amidst the dissolution of, a marriage. In these cases, a prenuptial agreement may be nullified.

Couples in Volusia County also frequently use prenuptial agreements to coordinate with existing estate plans, especially when there are children from prior relationships or significant family-owned property. While many things may be up for negotiation in a prenuptial agreement, certain rules surrounding what can and cannot be divided in a divorce remain firm. Child support, for instance, is not subject to the terms of a prenup and therefore may be nonnegotiable.

Prenuptial agreements distribute assets and liabilities under two specific conditions. The first is your standard prenup, which determines who is entitled to what in the case of a divorce. The second relates to the untimely death of one spouse during the course of the marriage and lays out what that spouse is entitled to inherit following the other’s passing.

Things you may be able to negotiate in a prenup include:

• Businesses
• Investments
• Income
• Real estate
• Cars
• Clothes
• Jewelry
• Other property
• Various assets

Postnuptial Agreements

Though far less discussed, postnuptial agreements are fairly similar to prenuptial agreements. The key difference is timing. Prenuptial agreements can only be drawn prior to marriage. Postnuptial agreements, conversely, can be drawn up at any time during the duration of the marriage. Like prenuptial agreements, postnuptial agreements can pertain either to the division of assets in the case of a marriage dissolution or the distribution of assets in the case of one partner’s death.

Many couples in and around Daytona Beach consider a postnuptial agreement after a major life change, such as starting a business, receiving an inheritance, or deciding that one spouse will step away from work to care for children. A carefully drafted agreement can outline how sacrifices and contributions will be recognized if the marriage ends and can help both spouses feel more secure about their financial futures.

Because a postnuptial agreement is created after the wedding, courts will often look closely at whether both spouses entered into it voluntarily and with full information. Working with a postnuptial agreement attorney in Daytona Beach allows you to document the circumstances, confirm that both sides understand the terms, and ensure the financial disclosures are as complete as possible.

Key Elements the Parties Must Establish

For any marital agreement to be enforceable in Daytona Beach, certain pillars must be in place. If these are missing, the document is little more than a piece of paper.

• Full Financial Disclosure: You must provide a "fair and reasonable" disclosure of your assets and liabilities. This includes bank accounts, real estate, business interests, and even potential inheritances. In our firm, we use our former prosecutor background to ensure that disclosures are exhaustive and transparent, leaving no room for future "hidden asset" claims.
• Voluntary Consent: There can be no "overreaching," duress, or coercion. If a prenup is presented 24 hours before a wedding with a threat to cancel the event, it is highly likely to be overturned.
• Formal Execution: The agreement must be in writing and signed by both parties. For postnuptial agreements, Florida law is particularly strict, often requiring the signatures to be notarized and witnessed by two people to ensure authenticity.
• Fairness (Not Unconscionable): While a prenup can be "unfair" as long as there was full disclosure, a postnup that leaves one spouse completely destitute while the other remains wealthy may be set aside by a judge as "unconscionable."

When Should You Consider a Prenuptial or Postnuptial Agreement 

Many couples are unsure whether a formal agreement makes sense for their situation, especially when they are focused on planning a wedding or rebuilding a relationship. In reality, prenuptial and postnuptial agreements can be useful tools for a wide range of families, not just those with substantial wealth. 

If you live or work in the Daytona Beach area and have questions about whether an agreement fits your circumstances, it can be helpful to think about your current assets, your future plans, and any responsibilities you have to children from prior relationships.

Typical situations where a written agreement can be helpful include:

• Owning a closely held business that you want to keep separate or protect from future disputes.
• Entering the marriage with children from a prior relationship and wanting to preserve certain assets for them.
• Having significant premarital assets or debts that you and your partner want to address clearly.
• Planning for one spouse to stop working or reduce hours to care for children or aging family members.
• Receiving or expecting gifts or inheritances from family that you wish to keep separate.

For residents of Volusia County, having these discussions in advance can make later proceedings in the local family courts more straightforward if separation or divorce does occur. By working through likely scenarios with a lawyer who regularly practices in and around Daytona Beach, you can better understand how an agreement can support your goals and whether a prenup or postnup is the right fit for your relationship.

Our Process for Drafting and Reviewing Agreements

Understanding what to expect from the process can make it less stressful to move forward with a prenuptial or postnuptial agreement. When we work with couples in Daytona Beach and the surrounding communities, we focus on making each step clear, deliberate, and respectful of the relationship. Our goal is to create an environment where both parties have the information they need to make thoughtful decisions rather than feeling rushed or pressured.

While every situation is unique, our process often includes steps such as:

• Initial planning discussion to understand your goals and identify key issues to address.
• Comprehensive financial review so that both parties have a clear picture of assets and liabilities.
• Drafting and revising the agreement to reflect your decisions in clear, enforceable language.
• Allowing time for review so each spouse can consider the terms and seek independent advice if desired.
• Coordinating signing and execution in a way that documents the voluntary nature of the agreement.

Because timing can be important, especially for prenuptial agreements that must be signed before the wedding, we encourage couples in Daytona Beach to begin the process well ahead of any ceremony date. Taking a proactive approach gives everyone room to discuss difficult topics calmly and helps avoid last-minute pressure that could later raise questions about whether the agreement was truly voluntary.

Don’t Trust Just Anyone With Your Marriage, Call Buckmaster & Ellzey Today

At Buckmaster & Ellzey, we know that issues related to family law can be difficult. You may not want to even think about the possibility of divorce, yet it is important for each party to put themselves in the best financial and legal situation possible when entering a marriage. That is why our firm provides compassionate and thoughtful counsel, so you are able to get married without any hesitation.

When you meet with our team, we take the time to learn about your goals, your concerns, and the specific financial and family circumstances that make your situation unique. We draw on our years of practice in the courts serving Daytona Beach and the surrounding communities to explain how Florida law is likely to treat your agreement and what options you have for protecting separate and marital assets. Our aim is to give you clear information so you can make informed choices about whether a prenuptial or postnuptial agreement is right for you and how it should be structured for your family.

Call (888) 785-6548 or reach out online to speak to our Daytona Beach lawyers now, and start negotiating the terms of your prenuptial or post-nuptial agreement today.

Frequently Asked Questions

Do Both Spouses Need Their Own Attorney For A Prenuptial Agreement?

Florida law does not require each spouse to have a separate attorney, but independent legal advice is often recommended. When each person has someone to explain the terms from their perspective, it can make the agreement fairer and more durable. Courts reviewing an agreement later may look favorably on the fact that both parties had an opportunity to consult their own counsel before signing.

Can A Prenuptial Agreement Address Spousal Support?

A prenuptial agreement can include provisions about spousal support, such as waiving it or setting limits, but those terms may be reviewed by a court if they appear extremely unfair at the time of enforcement. A judge in the family court serving Volusia County could decline to enforce a provision that would leave one spouse without reasonable means of support. Because of this, support clauses should be drafted carefully and with future circumstances in mind.

Is There A Deadline For Creating A Postnuptial Agreement?

There is no specific deadline for entering into a postnuptial agreement in Florida; it can be created at any point after the marriage as long as both spouses agree. However, the timing and context can be important if a court later examines whether the agreement was voluntary. Allowing enough time for discussion, financial disclosure, and review can help demonstrate that both parties understood the terms and chose to sign without improper pressure.