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The Florida prenuptial agreement is a legal document that defines the financial relationship between the future spouses. The prenuptial agreement form is mostly used when one or both of the future spouses have certain assets that they want to keep as individual property after entering the marriage.
Besides that, the spouses can use the prenup agreement to determine how the marital property will be managed and define each spouse's rights and obligations regarding the marital property. Therefore, the spouses can use the prenuptial agreement after marriage, but they can also use it to define financial matters during the marriage.
Laws and Legal Requirements for a Prenuptial Agreement in Florida
Section 61.079 of the Florida Statutes, also called the “Uniform Premarital Agreement Act,” regulates the status of the Florida prenuptial agreement.
According to the state law, “premarital agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
It also defines property as “interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.”
Signing Requirements for a Prenuptial Agreement in Florida
The prenuptial agreement must be in written form. The state law also requires both parties to the agreement to sign the document.
The parties should also sign the document in front of the notary public, despite state law not explicitly requiring it. The notary will identify the parties to the prenuptial agreement and acknowledge that they have personally signed the document.
In this way, the notary will further confirm the authenticity of the document and prevent any potential disputes and fraudulent activities.
Prenuptial Agreement Enforcement in Florida
Even though the parties have signed the prenuptial agreement, the court might declare it unenforceable if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They did not execute the agreement voluntarily
The agreement was the product of fraud, coercion, or overreaching
They have not been provided a fair and reasonable disclosure of the property or financial obligations of the other party
Moreover, the prenuptial or premarital agreement can change or remove the financial support one spouse should receive from the other in case of a divorce, and because of that change, the person becomes eligible for the public assistance program.
If that happens, the court can decide that the other spouse must provide financial assistance regardless of the prenuptial agreement.
What Can a Prenuptial Agreement in Florida Cover?
The prenuptial agreement template can cover different kinds of provisions depending on the matters the parties want to regulate.
Therefore, the parties can regulate:
Provisions in a Prenuptial Agreement
Rights and obligations of each party in relation to their individual or marital property
The right to buy, sell, use, transfer, exchange, abandon, lease, or otherwise manage the marital property
The disposition of property in case of a divorce, death of one party, or any similar event that dissolves the marriage
The creation of a will, trust, or other arrangement that will have an effect on the party's financial status or property
However, matters connected to child support cannot be affected by the prenuptial agreement.
Prenuptial Agreement in Florida: Validity Criteria
First of all, the prenuptial agreement must be in line with the basic requirements regarding the formality of the document. This implies that any agreement that is not in writing and signed by both parties is void.
Additionally, the validity of the prenuptial agreement is connected to the validity of the marriage. If the marriage is declared void, the prenuptial agreement will be enforceable only to the extent necessary to avoid an inequitable result.