Prenuptial Agreements

Prenuptial agreements are also called “premarital” or “antenuptial” agreements. They are agreements between prospective spouses that are made in contemplation of their marriage. Prenuptial agreements become effective upon the parties’ marriage.

Florida law requires that a prenuptial agreement is in writing and signed by both parties. Parties are not required to sign a prenuptial agreement before they get married. A party’s entry into a prenuptial agreement must be free and voluntary. Both parties must provide financial disclosure to each other before the agreement is signed.

Prospective spouses may decide signing a prenuptial agreement would be helpful to them because they wish to dictate what will happen if they divorce or one of them dies during the marriage instead of allowing state law to control.

Prenuptial agreements can address many different subjects like:
• The right to control and manage property
• Each party’s rights and obligations in any property one or both of them acquire
• If alimony will be paid and, if so, the terms of the alimony
• Estate planning provisions (legal arrangements upon the death of a party)
• The parties’ rights to the death benefits from each other’s life insurance policies
• Which state’s laws will govern the interpretation and enforcement of the agreement
• Other matters which do not violate Florida’s public policy or a law imposing a criminal penalty

Florida law prohibits prenuptial agreements from adversely affecting a child’s right to receive financial support from both parents. Also, determination of what is best for a child in a parenting plan far in advance would generally not be considered enforceable.

Prenuptial agreements may be amended (changed), supplemented, revoked, or abandoned by another written agreement signed by the parties.

There are times when a court may find that a prenuptial agreement is unenforceable. Whether a court would consider a prenuptial agreement unenforceable is a fact specific inquiry. If you have questions about this, you should speak with a qualified Florida family law attorney.