Prenuptial Agreement Attorney

Whether it’s before filing for a marriage license or during the course of the marriage, couples seldom have a reasonable expectation of divorce in the near or distant future. But in some situations, the most effective way to prioritize and maintain the wellbeing and happiness of each spouse is through a divorce. When married couples file for a dissolution of marriage, a previously established prenuptial agreement may serve to protect the marital and non-marital assets of each spouse among a number of additional benefits. Contact Tobaygo Law for assistance from experienced Sarasota divorce attorneys and prenup lawyers with creating and implementing prenuptial agreements.

What Is A Prenuptial Agreement?

By definition, a prenuptial agreement is a common legal contract into which spouses dually enter prior to a marriage, civil union or another legal union. Prenuptial agreements are an excellent way for spouses to document their expectations during the marriage and protect their interests in the event of a divorce. While it can be a sensitive subject for spouses, a well-drafted prenuptial agreement may provide peace of mind and emotional security to both parties by giving them assurances regarding the events following a divorce. Contact us today to discuss your case.

Common Types Of Prenuptial Clauses

Prenuptial agreements exist in a number of different forms to best accommodate both the needs and the preferences of each couple. Depending on the desires of the couple, specific rules may be added to a prenuptial agreement, such as property, assets, and debt, as well as details that dictate the level of communication between the parties and other everyday matters. Among the most common clauses of prenuptial agreements include the escalator clause and sunset clause. Contact our family law attorneys to discuss the different prenuptial agreement clauses.

Escalator Clause

When included within a prenuptial agreement, an escalator clause allows for the modification of alimony and/or assets awarded to a spouse in the event of a dissolution of marriage. This clause may become relevant in the case of an increase or a decrease in income, property, and assets of one spouse to accommodate evolving circumstances.

Sunset Clause

As the name of the clause suggests, there is a time limit and/or deadline regarding the terms and conditions of a prenuptial agreement with a sunset clause. Upon creation of a prenuptial agreement, the sunset clause allows spouses to choose a day and time in which the document will expire and no longer serve as a legally binding contract.

How Are Marital Assets Divided In A Prenuptial Agreement?

Within the majority of divorce cases, Florida courts equitably distribute marital assets between divorcing spouses. The laws regarding the division of marital property also adhere to this precedent. In divorce cases with prenuptial agreements, however, spouses can avoid litigation regarding marital and nonmarital assets. Couples may enter into a prenuptial agreement which specifically dictates the manner in which marital assets will be divided and distributed in the event of a divorce or separation. Prenuptial agreements that are both valid and binding can altogether eliminate the requirement for alimony by identifying a certain amount of spousal support to be paid from one spouse to the other following divorce. In order to ensure that the terms and stipulations of a prenuptial agreement adhere to and are protected by Florida law, it’s important that spouses seek the counsel of an experienced family law firm.

What Do Prenuptial Agreements Determine?

In order to ensure that the prenuptial agreement is both valid and binding, there are a number of requirements that must be fulfilled by each party, which include the determination of how all physical and non-physical aspects of the marriage will be managed following a divorce.


The language of prenuptial agreements can be complex by nature, but the basic principles of these agreements are relatively simple. The easiest way to understand a prenuptial agreement is to consider the document as a contract between the spouses. Both parties agree to what will happen after a dissolution of marriage with respect to mutual and individual property, and any obligations, or expectations for alimony. Once these issues are decided, the spouses commemorate their intent in writing, the agreement is signed, and the spouses are bound and protected by the agreement in the event of a divorce.

Financial Disclosure

Absolute disclosure of all financial matters, including assets and debts, is integral to the validity and integrity of any prenuptial agreement. If there is inadequate financial disclosure during the creation and implementation of a prenuptial agreement, legal enforcement of the agreement may prove difficult. A prenup lawyer with our firm can help you ensure that the standard for financial disclosure is met with regard to both parties and that all assets, debts, are appropriately documented as required to preserve the validity and enforceability of the prenuptial agreement in accordance with the State of Florida.