Florida Prenuptial Agreements

There's nothing romantic about presenting the love of your life with a prenuptial (or premarital) agreement, which is essentially a "fall back" agreement in the event your marriage falls apart. But these pragmatic documents can be quite important for the right situation. For instance, a prenup can protect a family business from being divided or disrupted by a divorce. Everyone who enters into a premarital agreement has their own reasons for doing so, but they are agreements signed before the marriage that effect after the marriage is finalized.

Florida's Uniform Premarital Agreement Act requires such agreements to be signed by both parties voluntarily (free from duress or fraud) in order to be enforceable. Prenuptial agreements generally cover financial assets and obligations, but also may include personal rights and responsibilities as long as they don't conflict with the law.

Florida Prenuptial Agreements: The Basics

It's always a good idea to have a contract as important as a premarital agreement looked over by an experienced attorney, but that doesn't mean you shouldn't also have a clear understanding of the law. The helpful chart below provides important details about Florida's prenuptial agreement laws in plain English.

Statute

Florida Statutes: Civil Practice and Procedure ยง 61.079

Statutory Definition of "Premarital Agreement"

An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

Issues a Premarital Agreement May Address

Parties to a premarital agreement may contract with respect to:

  1. Rights and obligations of both parties associated with any property owned individually or acquired jointly;
  2. The right to buy, sell, or otherwise manage and control property;
  3. Division of property upon a divorce, separation, death, etc.;
  4. The establishment, modification, waiver, or elimination of spousal support (alimony);
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. The ownership rights in, and disposition of, the death benefit from a life insurance policy;
  7. The choice of law governing the construction of the agreement; and
  8. Any other matter, including personal rights and responsibilities (as long as it doesn't violate state or federal laws).

Note: A premarital agreement may not adversely affect a child's right to child support.

Modification and Revocation

After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties.

Unenforceable Prenuptial Agreements

A premarital agreement is not enforceable (invalid) in Florida if it can be proven that:

  • The party did not execute the agreement voluntarily;
  • Agreement was entered into as a result of fraud, duress, coercion, or overreaching; or
  • The agreement was unconscionable when it was entered into and the party (against whom enforcement is sought):
    • Was not provided with a reasonable disclosure of the other party's financial obligations;
    • Did not waive (in writing) the right to a disclosure to such financial information; and
    • Didn't know (and reasonably couldn't have known) about the other party's financial obligations.

If a premarital agreement modifies or eliminates alimony altogether, but the party (against whom enforcement is sought) becomes eligible for public assistance when the marriage is dissolved, the other party may be required to pay alimony regardless of the agreement.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Florida Prenuptial Agreements: Related Resources

Contemplating a Prenup? Consult a Legal Professional First

Although marriages don't always last forever, that is generally the hope when two people decide to tie the knot. For some couples, however, it makes sense to sign a premarital agreement first. If you have any legal questions about a prenup or would like a legal professional to review one, then you should contact a Florida family law attorney near you.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.