Prenups & Postnups · One of Five Paths
Two of the most important contracts of your life, drafted with the care they deserve.
Florida prenuptial agreements signed before marriage. Postnuptial agreements signed during it. Drafted or reviewed on a flat fee by an expert and senior Florida family law attorney. Advisory only.
Both engagements begin with one 60-minute consultation · Flat fee $695 · Credit toward the engagement signed within 48 hours
Miami-Dade · Broward · Florida Statewide Online · EN · ES
Two distinct vehicles, one engagement structure
A prenuptial agreement and a postnuptial agreement do similar work, but they are not the same contract and Florida law treats them differently. The distinction matters before you decide which one you need.
Prenuptial agreement is signed before the marriage. It governs what happens to property, debts, alimony, and other financial questions if the marriage ends or one spouse dies. Florida prenups are enforced under Chapter 61 of the Florida Statutes and the Uniform Premarital Agreement Act adopted in Florida.
Postnuptial agreement is signed during the marriage. It addresses similar questions but is held to a different standard because the parties are already married, owe each other fiduciary duties, and have shared finances to disclose. Postnups in Florida are enforced as marital agreements, not under the premarital statute, and are scrutinized more closely if challenged later.
Both serve the same purpose at the deepest level. Both give couples the chance to decide for themselves what fair looks like, in writing, before a court is ever asked to decide for them.
What this engagement is
I draft or review a Florida prenuptial or postnuptial agreement on a flat fee. The engagement covers:
- Conflict check and conflict-clear intake
- Drafting the agreement, or reviewing one drafted by opposing counsel
- Negotiation of revisions with the other side or other side’s counsel
- Coordination of the required financial disclosure
- Final execution-ready document
- Strategic counsel throughout on what to keep, what to push back on, and what to walk away from
The engagement is advisory only. I do not appear in court, do not file anything, and do not become counsel of record in any future matter where the agreement might be enforced.
Who this is for
- People preparing to marry who want a Florida prenup that holds up if it is ever tested.
- Couples already married who want to formalize financial arrangements in a Florida postnup, often after a business sale, an inheritance, a career shift, a reconciliation, or a major change in the marriage.
- People asked to sign a prenup or postnup drafted by their partner’s attorney who want it independently reviewed before they sign anything.
- People with a business, a professional practice, significant separate property, family wealth, or children from a prior relationship who want those interests addressed cleanly.
- People who want flat-fee certainty for the work, not an hourly meter that runs every time a draft moves back and forth.
Who this is not for
- People where one party is unwilling, unrepresented in a way that creates risk, or under pressure to sign on a short timeline. Florida courts scrutinize prenups and postnups closely for voluntariness, full disclosure, and meaningful opportunity to review. Engagement on either side requires room for the work to be done right.
- People who need a litigator. I do not appear in court and I do not litigate prenup or postnup enforcement disputes.
- People in jurisdictions outside Florida. I am licensed to practice law in Florida only.
- People hoping I will represent both parties in the same agreement. I do not. Each party needs independent counsel for a prenup or postnup that is meant to hold up.
What makes a Florida prenup or postnup actually hold up
The agreements that survive challenge years later share the same features. The ones that get set aside share the same gaps. The flat-fee engagement is built around getting the features right and closing the gaps.
- Full and fair financial disclosure. Both parties must disclose assets, debts, and income in writing. Incomplete disclosure is the single most common reason a Florida prenup or postnup gets set aside.
- Voluntariness. Each party must sign freely, without coercion or duress. A prenup signed the night before the wedding, in front of family, with no time to read it, is a textbook example of how voluntariness fails.
- Independent counsel. Each party is represented by their own attorney, or knowingly waives that right after meaningful opportunity to retain counsel. Independent counsel on both sides is one of the strongest indicators of enforceability later.
- Reasonable terms. Florida law allows broad freedom of contract in these agreements, but terms that are unconscionable at the time of signing, or unconscionable at the time of enforcement, can be struck down.
- Proper execution. Signed, witnessed, and notarized in line with Florida requirements.
A flat-fee engagement that takes the time to get all five right produces an agreement that does its job. A rushed engagement produces a document the other side’s lawyer can dismantle.
How it works
- Step 1 · The 60-minute consultation. Every Prenup or Postnup engagement begins at the consultation. We walk through the situation, I confirm a flat-fee engagement fits, and we agree on the scope, the fee, and the timeline. Flat fee $695. Credited in full toward the engagement if you sign within 48 hours.
- Step 2 · Engagement letter and disclosure. Within one business day of the consultation, you receive a written engagement letter naming the scope, the fee, and the timeline. Once signed, we begin the financial disclosure exchange and the drafting work.
- Step 3 · The drafting and negotiation. First drafts. Comments. Revisions. Coordination with the other side or the other side’s attorney. We connect when the matter needs us to, throughout the engagement.
- Step 4 · Execution. Final execution-ready document, signed by both parties with the required witnesses and notarization.
Fee structure
The Prenup or Postnup engagement is a flat fee, set in writing at the consultation based on the complexity of the agreement and the financial picture being addressed.
Flat fee $5,500 to $15,500. The range reflects the complexity of the agreement. More complex matters, those involving business interests, multiple properties, executive compensation, or international assets, are scoped and quoted at the consultation.
Billed flat. No hourly billing. No surprise add-ons. The fee covers the drafting and the negotiation rounds through execution.
The $695 consultation fee credits in full toward the engagement when you sign within 48 hours.
Why each party needs their own lawyer
I do not represent both parties in a prenup or postnup. The Florida Bar’s conflict-of-interest rules do not permit it on these documents, and even where it might be technically possible, the agreement is materially weaker for it.
The reason is simple. A prenup or postnup is a contract between two parties whose interests, on the document, are opposed. The party giving up rights needs their own counsel to make sure they understand what they are giving up and that the consideration they receive is fair. An agreement where one side had counsel and the other did not is much easier to challenge later.
If you retain me for your side, your partner will need their own Florida family law attorney. We confirm this at the consultation and coordinate timing so both sides have meaningful time to review and negotiate.
Conflict-free, by design
The agreement gets drafted to be sound, not drafted to set up future work for me. Different incentive, different document.
I draft or review the agreement. I do not litigate enforcement. I do not become counsel of record in any future divorce, modification, or enforcement proceeding involving this agreement. The flat fee is the entire fee.
Common questions
Begin
Prenup or Postnup work begins at the consultation.
Miami-Dade based and Florida statewide · English & Spanish · The $695 consultation credits in full toward the engagement signed within 48 hours
This engagement is advisory only. It does not include court appearances, does not constitute counsel-of-record representation, and does not include litigation of any future enforcement, modification, or divorce proceeding involving the agreement. An attorney-client relationship for the Prenup or Postnup engagement is established only by a separate signed engagement letter. Each party to a Florida prenuptial or postnuptial agreement is encouraged to retain independent counsel. Aliette Hernandez Carolan is licensed to practice law in Florida only.