Why a Prenuptial Agreement in Florida

Why a Prenuptial Agreement in Florida

So you’re about to get married and you’re concerned about a potential dispute with your future spouse regarding alimony or property division should your marriage fail.

A prenuptial agreement can make your life much easier.

What is a Prenuptial Agreement in Florida?
A prenuptial agreement, also referred to as a “prenup,” is a written agreement signed between you and your future spouse prior to getting married and in contemplation of the marriage.

What does a Prenuptial Agreement do?
A prenuptial agreement dictates who gets what when you divorce your spouse.

How can I create a valid and enforceable Prenuptial Agreement?
Generally, to be enforceable, a prenuptial agreement must be in writing and signed by you and your future spouse.

What can I and my future spouse contract to in a Prenuptial Agreement?
You and your spouse may contract to your rights and/or obligations in any property you own now or acquire in the future, the disposition of any and/or all of your property upon your divorce or the death of either of you, and the establishment, modification, waiver, or elimination of spousal support/alimony, to name a few.

Can I challenge the validity of a Prenuptial Agreement?
Yes. The prenuptial agreement you signed may not be enforced if you can prove that:

1. You did not voluntarily sign the agreement;
2. The agreement was the product of fraud, duress, coercion, or overreaching; OR
3. The agreement was unconscionable when you signed it (the court decides what is “unconscionable”) and prior to signing it:

  • Your spouse did not make fair and reasonable disclosure of his or her property or financial obligations;
  • You did not voluntarily and expressly waive, in writing, your right to disclosure of your spouse’s property and financial obligations beyond what your spouse disclosed to you already; AND
  • You did not have, or reasonably could not have had, an adequate knowledge of your spouse’s property and financial obligations.