Prenuptial Agreements
A prenuptial agreement in Florida is a written contract between two people who are planning to marry. This agreement sets out each party’s financial rights and obligations in the event of divorce or death.
Whether you are planning to marry for the first time, entering into a subsequent marriage, or have children from a previous relationship, a well-drafted prenup can help prevent uncertainty and conflict. At Scully | Torres, our Florida prenuptial agreement attorney provides guidance to individuals seeking to draft, review, negotiate, or enforce prenuptial agreements.
What Is Included in Prenuptial Agreements in Florida?
Florida’s Uniform Premarital Agreement Act governs prenuptial agreements, allowing couples to prearrange how matters like property division and spousal support should be handled, offering predictability in case the marriage ends.
To be enforceable in Florida, a prenuptial agreement must:
- Be in writing and signed by both parties
- Be voluntarily entered into by both parties
- Include full and fair disclosure of assets, debts, and income (unless waived)
- Not be unconscionable at the time of signing
Prenuptial agreements in Florida can cover a wide range of financial and legal issues.
Common provisions include:
- Division of property and debt: A prenup can define which assets remain separate and which become marital property. It can also assign responsibility for pre-existing or future debts.
- Spousal support: Couples can agree to waive or limit future alimony, including lump-sum payments or maintenance after divorce.
- Rights to business interests: A prenup can protect a party’s ownership in a business, preventing forced division or valuation disputes if the marriage ends.
- Inheritance and estate planning rights: Spouses can use prenuptial agreements to protect family inheritances or establish what each party will receive in the event of death, often coordinating with wills or trusts.
- Attorney’s fees: The agreement may assign responsibility for legal fees if a future dispute arises over the agreement’s terms or enforceability.
However, certain provisions are prohibited. For example, any terms that attempt to limit child support or pre-determine custody rights will be unenforceable in Florida courts.
Modifying and Enforcing Prenuptial Agreements in Florida
After marriage, a prenuptial agreement can be amended or revoked by mutual agreement. Like the original agreement, any changes must be in writing and signed by both spouses. A prenuptial agreement lawyer can draft and review amendments to ensure legal compliance and consistency with evolving goals.
If a prenuptial agreement is contested during divorce proceedings, Florida courts will examine several factors to determine its enforceability.
A court may refuse to enforce the agreement if it finds that:
- One party did not enter the agreement voluntarily
- There was a failure to provide full disclosure of financial information
- The terms were unconscionable at the time of signing
- The agreement violates public policy
Florida courts tend to uphold prenuptial agreements if the parties entered into them fairly, with knowledge of each other’s financial situations and without coercion. A prenuptial agreement attorney can provide legal help in the enforcement or defense of prenuptial agreements, helping spouses navigate disputes.
We Can Help with Your Prenuptial Agreement
At Scully | Torres, our prenuptial agreement lawyer in Florida can assist individuals in drafting, reviewing, and litigating prenuptial agreements. Contact us today for a consultation about your prenuptial agreement.
