Florida Prenuptial Agreements
Created by FindLaw's team of legal writers and editors | Last reviewed April 03, 2018
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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 § 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:
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:
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
- Florida Divorce Laws
- Florida Divorce: What to Expect
- Florida Annulment and Prohibited Marriage Laws
- Florida Marital Property Laws
- Florida Spousal Support or Alimony Laws
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.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
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