Understanding the Role and Limitations of Prenuptial and Postnuptial Agreements

Dive into the world of prenuptial and postnuptial agreements, understanding what they can and cannot do in the context of a divorce. Our guide outlines these essential legal tools.

Prenuptial and Postnuptial Agreements are essential legal tools, designed to lay the groundwork for marital terms and the implications in case of divorce. This guide provides an in-depth look into the intricacies of such agreements, dispelling commonly held misconceptions along the way.

To start with, let’s clarify: not all rights can be waived or defined in prenuptial or postnuptial agreements. There are limitations and non-negotiable factors, particularly when it comes to child-related matters.

1. Child support & Timesharing

Some specific provisions regarding children of the marriage are enforceable. This includes provisions relating to religious upbringing, education, and other matters of importance to the parties. However, prenups and postnups may not conclusively determine which parent will receive the most time-sharing or waive.

The duty to pay or receive child support on behalf of minor children cannot be waived by agreement. In fact, any rights related to minor children cannot be waived. This includes timesharing.

Florida Statute §61.079, for instance, strictly states that a child’s right to support cannot be negatively impacted by a premarital agreement.”

2. Temporary support:

Clauses in Prenuptial and Postnuptial Agreements where a spouse waives or limits entitlement to temporary support during the pendency of a divorce is void as against public policy  These provisions are not currently valid in Florida and in other States. Don’t exclude this from your agreements though.

We advise keeping the language that states parties are aware of the agreement’s current enforceability. However, if it ever gains validity in Florida, all parties will be required to comply with it.

3. Certain attorney’s fees

Prenuptial agreements can limit parties’ exposure to attorneys’ fees for non-support related, well-defined contractual issues. In the event of a divorce, the premarital agreement may stipulate that one or both parties waive attorney fees. However, this provision is generally unenforceable due to public policy. During marriage, each party has a support duty that they cannot contract away.


A thorough understanding of prenuptial and postnuptial agreements is essential. Such knowledge plays a crucial role in safeguarding your rights. These agreements are not all-powerful tools, but they can pave the way for a more amicable resolution in case of a divorce.

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!

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