What Is a Florida Prenuptial Agreement?
A Florida prenuptial agreement is a contract between individuals who plan to marry. It determines the division of marital property, spousal support, and debts in case of a divorce or legal separation.
Without a prenup, equitable distribution terms take priority per FL Stat § 61.075. A prenup can override these rules and make it easier to negotiate a divorce agreement.
A prenuptial agreement cannot include child custody or child support terms. Florida law requires financial disclosure and that the agreement be voluntary and fair.
If you want to establish these terms after marriage, use a postnuptial agreement.
How to Write a Prenuptial Agreement for Florida
Writing a prenuptial agreement in Florida requires information about each party’s existing assets. Both parties must also agree on handling financial or business situations. Use the following steps to write an effective prenuptial agreement for Florida:
- Add background information: Start with each spouse’s legal name and address. Also, include any previous marriages and children from past and current relationships.
- Divide property ownership: Identify how you want to distribute property in the event of a divorce or legal separation. Provide a method for dividing property acquired before and during the marriage. Also include terms for splitting marital property.
- Assign business ownership: Detail any businesses owned by either party before the marriage. Add guidelines for assigning ownership of businesses started or acquired during the marriage.
- Disclose debts: Decide whether to combine existing debts and how to allocate responsibility for new debts. According to FL Stat § 61.079 (7)(a)(1)(a), each party must attach a full financial disclosure.
- Choose tax filing: Determine whether you plan to file taxes jointly or separately.
- Outline housing arrangements: Set the process for dividing real estate. You can also outline how household responsibilities and payments will be handled.
- Determine spousal support: Select who will receive spousal support if the marriage ends. You may also waive the right to spousal support for both parties.
- Review and sign: Add other clauses, such as terms for death or disability. Select your preferred method for solving disputes, and have each party sign. Each party’s signature should be notarized to strengthen the agreement’s validity.
Florida Prenuptial Agreement Sample
View a sample of our Florida prenuptial agreement form to understand the necessary format and information. When you are ready to make your own agreement, use our free downloadable and printable template, available in Word and PDF formats.
Florida Prenuptial Agreement Legal Requirements & Considerations
Florida uses the Uniform Premarital Agreement Act. Other legal definitions and terms fall under FL Stat § 61.079. Ensure that your agreement is binding and enforceable by meeting these requirements.
Signing
Both parties must sign and date the document for a prenuptial agreement to be valid in Florida. While the state doesn’t require notarization, it can provide extra security. All signatures must be made voluntarily and free from deceit or force.
Enforceability
A prenuptial agreement is only binding if the terms are in writing. You should also ensure that the terms don’t overly favor one party. Making the agreement as fair as possible can protect against future disputes. According to FL Stat § 61.079 (3), a prenuptial agreement’s enforceability is contingent only on the marriage. The terms of this agreement must be finalized and signed before the marriage.
Grounds for Invalidation
- Failure to fully disclose financial information or providing false information
- Signs of coercion, such as signing right before the wedding
- Unfair or one-sided terms
- Lack of independent counsel for both parties
Excluded Terms
Ensure that your document does not include provisions that violate Florida public policy. Illegal terms within the document will cause it to be null. Also, exclude child custody or support. A prenup cannot legally make these decisions.
Attorney Representation
Florida doesn’t require either party to use attorney representation for a prenuptial agreement. However, having separate and individual legal counsel may benefit everyone involved. A legal professional helps ensure fair and valid terms for each party. Consulting a lawyer can increase the likelihood of a judge upholding your agreement.
