February 26, 2026
By: R. Gregory Hyden
In Part 1 and Part 2 of this series, we explored why prenuptial agreements have become increasingly relevant across generations and why proactive planning matters. In this final installment, we turn to what happens next: the negotiation process itself, emerging trends shaping modern prenups, and what can occur if an agreement is later contested.
When clients first speak to an attorney about a prenuptial agreement, they often do not fully understand what it can and cannot cover. That is understandable. They would not be sitting in a family law attorney’s office or, more likely on a Zoom screen, if they understood every nuance of a prenuptial agreement. Explaining the legalities is the easy part. What becomes harder is walking a client through the negotiation process.
During an initial meeting with a client seeking a prenuptial agreement, a common first question raised is whether the client has spoken with the other party about the desire for a prenup. Inevitably, the answer is: “Yes, I said that I want a prenuptial agreement.” Nothing more. Nothing less. Rarely has there been a robust conversation before that first meeting with counsel.
And yet, it is vital – for the negotiation of the prenuptial agreement and for the long-term viability of the marital relationship – that the parties engage in full, frank, and, yes, sometimes uncomfortable financial discussions. To borrow from Adam Lambert: “whataya want from me?” That, at its core, is the question that parties must ask one another.
Parties frequently say, “What I brought into the marriage is mine and what you brought into it is yours.” That is easy, almost greeting-card easy. But what about what is built during the marriage? What about business growth, appreciation of assets, digital property, or blended family considerations? As younger generations increasingly approach prenups as collaborative planning tools rather than adversarial safeguards, these questions are becoming more nuanced and consequential.
It is vital that counsel insist clients have those conversations so that the parties understand clearly what they have, what they intend to build separately and together, and what, if anything, they would want from the other if the marriage dissolves. They need to see not only the financial assets and liabilities, but also understand what that net worth means now and in the future. They need to openly discuss their hopes and fears with each other and with their attorneys. The psychology of the parties can be just as important as the financial issues in negotiating a prenuptial agreement.
Careful process matters. Under Florida law, courts evaluating a challenged prenuptial agreement generally consider whether the agreement was entered into voluntarily, whether there was full and fair financial disclosure (or an informed waiver of that disclosure), and whether the agreement is unconscionable at the time it is enforced. Contested prenups often involve claims of inadequate disclosure, duress, or unfairness, and courts may closely scrutinize both the process and the substance of the agreement.
For that reason, attorneys must ask difficult questions, raise various scenarios, and encourage clients to think carefully about them – and to discuss them with the other party. Adequate disclosure, sufficient time for review, and meaningful dialogue are not simply best practices; they are important safeguards that can strengthen the enforceability of an agreement if it is ever challenged.
Many clients ultimately find the process cathartic. Through these discussions, they come to know the person they are marrying on a deeper level. With the completion of a thoughtfully negotiated prenuptial agreement, they are not simply protecting assets – they are building a foundation designed to solidify their future together.
Questions?
Contact GrayRobinson Shareholder Gregory Hyden or a member of the Marital and Family Law Practice.