Talking about a prenuptial agreement can feel uncomfortable — but having the conversation before marriage is far easier than dealing with the consequences of not having one. A prenuptial agreement is not a sign of distrust. It is a sign of planning.
What Is a Prenuptial Agreement?
A prenuptial agreement — also called a premarital agreement — is a contract entered into by two people before they marry. It establishes each party’s rights and obligations regarding property, finances, and other matters in the event of divorce, separation, or death. In Florida, prenuptial agreements are governed by the Florida Premarital Agreement Act, Chapter 61 of the Florida Statutes.
What Can a Prenuptial Agreement Address?
• Classification of property as separate or marital
• Protection of pre-marital assets, investments, business interests, and real estate
• Protection of children from a prior relationship
• Rights regarding alimony or spousal support in the event of divorce
• Division of property and debts acquired during the marriage
• Financial rights and obligations during the marriage
What Can a Prenuptial Agreement Not Do?
A prenuptial agreement cannot waive or limit child support — courts determine child support based on the statutory formula regardless of any agreement between the parents. A prenuptial agreement also cannot address matters that violate Florida law or public policy.
Is a Prenuptial Agreement Enforceable in Florida?
Yes — if it is properly drafted and executed. To be enforceable in Florida, a prenuptial agreement must be in writing, signed by both parties voluntarily, and supported by fair and reasonable disclosure of each party’s financial situation. An agreement that was signed under duress, without adequate financial disclosure, or without the opportunity to seek independent legal advice may not be enforceable.
When Should We Start the Process?
A prenuptial agreement should be completed well before the wedding — not the night before. Courts look at the timing of the agreement when evaluating whether it was signed voluntarily. Giving both parties sufficient time to review the agreement and seek independent legal counsel is essential to its enforceability.
Important: Attorney Irizarry represents one party only. The other party is encouraged to seek independent legal counsel before signing any agreement.
Have Questions? We Can Help.
Attorney Erica Irizarry offers free, confidential consultations for all family law matters. Call 656-206-0609or complete our online intake form to get started today.
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