Overview of Prenuptial Agreements Under Florida Law
For Informational Purposes Only – Not Legal Advice
As a Florida-licensed attorney, I can provide a general overview of prenuptial agreements under Florida law. However, this information is not intended as legal advice. Individuals considering a prenuptial agreement should consult with a qualified attorney for guidance specific to their circumstances.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a legal contract entered into by a couple before marriage. Its primary purpose is to define each party’s rights and responsibilities concerning assets, debts, and financial matters in the event of divorce, separation, or the death of a spouse.
Key Aspects of Prenuptial Agreements in Florida
1. Voluntary Agreement
The agreement must be entered into voluntarily by both parties. It must be free from coercion, fraud, or duress, and each party should have sufficient time to review the terms and consult with independent legal counsel.
2. Full Financial Disclosure
Each party is required to fully disclose their financial circumstances, including:
- Assets and liabilities
- Income and expenses
This level of transparency ensures that both parties understand the other’s financial position before signing the agreement.
3. Scope of the Agreement
A Florida prenup can address a wide range of financial issues, such as:
- Division of property
- Allocation of debts
- Spousal support (alimony)
- Waiver of inheritance rights
However, it cannot determine matters related to child custody or child support, as these are governed by Florida courts based on the child’s best interests at the time of separation or divorce.
4. Enforceability Requirements
For a prenuptial agreement to be legally enforceable in Florida, it must meet the following criteria:
- Be in writing
- Be signed by both parties
- Be executed prior to the marriage
Courts may also examine whether:
- The agreement was fair and voluntarily entered into
- Full and honest financial disclosure was provided
- Each party had access to independent legal representation
5. Modification or Revocation
A prenuptial agreement may be modified or revoked at any time after marriage, provided both spouses agree to the changes and follow the proper legal procedures to formalize them.
Important Considerations
While prenuptial agreements can be powerful planning tools, they are not automatically enforceable. Florida courts have occasionally declined to enforce prenups due to issues such as:
- Lack of full disclosure
- Procedural flaws in execution
- Unconscionable or one-sided terms
A signed agreement alone does not guarantee enforceability.
Recommendation
Given the complexity and high stakes involved, it is strongly recommended to work with an experienced Florida attorney when drafting and executing a prenuptial agreement. A well-prepared agreement that is tailored to your specific situation can help ensure clarity, fairness, and legal enforceability.
Last Revision: March 2025.