Getting engaged brings excitement, joy, and naturally, some practical considerations. One topic that often surfaces during wedding planning is the prenuptial agreement. While it might not be the most romantic conversation starter, a prenuptial agreement can actually strengthen your relationship by encouraging open communication about finances and future goals.
Far from being a sign of distrust or an expectation of failure, a prenuptial agreement serves as a practical tool that protects both partners and provides clarity about financial matters before marriage begins.
Understanding Prenuptial Agreements in Florida
A prenuptial agreement is a written contract between two people who plan to marry. Under Florida Statute 61.079, known as the Uniform Premarital Agreement Act, a prenuptial agreement is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
This legal document takes effect the moment you exchange vows and outlines how you’ll handle various financial and legal matters during your marriage. Should your marriage end in divorce or death, it also determines how you’ll divide assets and responsibilities.
Florida law provides couples with considerable flexibility in crafting their prenuptial agreements. Rather than leaving important financial decisions to a judge who may not understand your unique circumstances, you maintain control over your financial future.
What Your Florida Prenuptial Agreement Can Cover
Florida Statute 61.079 allows couples significant freedom in structuring their prenuptial agreements. Here are the key areas you can address
Property Rights and Management. Your agreement can specify who owns what property, whether acquired before or during marriage. This includes homes, investments, business interests, and future earnings. You can also establish how you’ll manage, buy, sell, or transfer property throughout your marriage.
Spousal Support Arrangements. Your prenup can establish, modify, waive, or eliminate spousal support obligations. If one partner plans to stay home with children while the other advances their career, you can address how this arrangement affects future support responsibilities.
Estate Planning and Death Benefits. You can determine how life insurance proceeds are distributed and create provisions for wills, trusts, or other estate planning tools. This becomes particularly important in second marriages where partners want to protect inheritance rights for children from previous relationships.
Business Protection. If you own a business or professional practice, a prenup can protect these assets and prevent your spouse from claiming ownership or interfering with business operations.
Personal Rights and Responsibilities. Florida permits couples to address personal matters, provided they don’t violate public policy or criminal law. This might include decisions about career choices, education, or living arrangements.
However, one crucial limitation exists: child support rights cannot be adversely affected by a premarital agreement. Child custody and support decisions remain subject to the court’s determination of what serves the child’s best interests.
Legal Requirements for Valid Prenuptial Agreements in Florida
Florida has specific requirements that must be met for your prenuptial agreement to be legally enforceable.
Written Documentation and Signatures. A premarital agreement must be in writing and signed by both parties. Verbal agreements or informal promises won’t hold up in court. Both partners must physically sign the document.
Complete Financial Disclosure. This requirement causes many prenups to fail. Florida requires comprehensive financial disclosure, including documenting all income sources, investments, real estate holdings, and debts. You must provide your future spouse with a complete picture of your financial situation, or they must voluntarily waive their right to this information in writing.
Voluntary Agreement. Both parties must enter the agreement voluntarily, without fraud, duress, coercion, or overreaching. Presenting a prenup at the last minute or using emotional manipulation to secure a signature can invalidate the entire agreement.
Fair and Reasonable Terms. The agreement cannot be unconscionable when signed. Terms shouldn’t be so one-sided that they would shock the conscience of the court.
Adequate Time for Review. While Florida doesn’t specify an exact timeframe, giving your partner sufficient time to review the agreement, consult with their own attorney, and fully understand the terms remains essential. Rushing the process or presenting the agreement too close to the wedding date creates problems.
When Prenuptial Agreements Become Unenforceable
Even properly drafted prenups can face challenges in court. Florida Statute 61.079 identifies specific circumstances that can make your agreement unenforceable.
The agreement won’t be enforced if the challenging party proves they didn’t sign voluntarily, or the agreement resulted from fraud, duress, coercion, or overreaching. Courts also won’t enforce unconscionable agreements where the challenging party wasn’t given fair financial disclosure and didn’t waive their right to this information.
Additionally, if your prenup’s spousal support provisions would force one spouse to rely on public assistance during separation or divorce, a court can override those terms to prevent the person from becoming dependent on taxpayers.
Addressing Common Prenuptial Agreement Misconceptions
Many couples avoid prenups based on misconceptions that don’t reflect Florida law or modern relationship realities.
Wealth Requirements. Prenups aren’t exclusively for wealthy individuals. Middle-class couples often benefit most, especially when one partner carries significant debt, owns a small business, or expects to receive an inheritance.
Relationship Implications. Having a prenup doesn’t mean planning for divorce. The process of creating one often strengthens relationships by forcing couples to have honest conversations about money, goals, and expectations. Many couples report feeling more confident about their financial future after completing this process.
Gender Bias Concerns. Modern prenups protect both partners equally. They often benefit women who might otherwise lose career advancement opportunities or retirement savings by taking time off to raise children.
DIY Approach Risks. While Florida doesn’t require attorney representation, attempting to draft your own prenup carries significant risks. Family law complexity means small mistakes can invalidate the entire agreement. Each partner should have independent legal representation to ensure their interests receive proper protection.
Determining If You Need a Prenuptial Agreement
Whether you need a prenup depends on your specific circumstances. Consider one if you find yourself in any of these situations:
Either partner owns significant assets, carries substantial debt, owns a business, expects to receive an inheritance, has children from a previous relationship, or has been married before. Prenups also prove valuable when significant income disparity exists between partners or when one partner plans to support the other through school or career development.
Consider a scenario where one partner is an established physician with a thriving practice while the other is completing graduate school. Without a prenup, the student could potentially claim ownership of the practice or future earnings if they divorce. A well-crafted prenup protects the physician’s professional interests while ensuring the student receives fair support if needed.
Benefits of Having a Prenuptial Agreement
Beyond asset protection, prenups offer several advantages that many couples don’t initially consider.
Enhanced Financial Transparency. Creating a prenup requires both partners to fully disclose their financial situation, eliminating money secrets that could damage the marriage later. This transparency often leads to better financial communication throughout the relationship.
Conflict Reduction. By addressing potential disputes before they arise, prenups can make divorce proceedings faster, less contentious, and significantly less expensive. Instead of fighting over assets, you’re simply following the roadmap you created together.
Child Protection. If you have children from a previous relationship, a prenup ensures their inheritance rights remain protected and clearly defined.
Business Continuity. For business owners, prenups prevent disputes that could disrupt operations or force the sale of a successful company.
Estate Planning Benefits. Florida law permits what is known as “elective share” under Chapter 732 of the Florida Statutes. This means that in the event of one partner’s death, the surviving partner is allowed to claim 30% of the “elective estate,” which may include assets beyond the probate estate, regardless of what their will may have outlined. A prenup can waive these elective share rights, ensuring your estate plan is followed as intended.
Key Takeaways
- Prenuptial agreements are legal contracts that become effective upon marriage and govern financial and property matters during marriage and in the event of divorce or death.
- Florida Statute 61.079 (the Uniform Premarital Agreement Act) governs prenups and allows couples significant flexibility in addressing property, support, and personal matters.
- Valid prenups must be written, signed by both parties, based on full financial disclosure, executed voluntarily, and contain fair terms.
- Prenups cannot adversely affect child support obligations.
- Common misconceptions prevent many couples from considering prenups, but they benefit relationships by promoting financial transparency and reducing future conflict.
- Consider a prenup if you have significant assets, debts, business interests, children from previous relationships, or expect major life changes.
Frequently Asked Questions
Can we modify our prenuptial agreement after marriage?
Yes, but it requires a written agreement signed by both spouses. The modification, revocation, or abandonment doesn’t need additional consideration beyond your mutual agreement.
What happens if we move to another state?
Your prenup can specify which state’s laws govern the agreement. If you don’t include this provision, the laws of your current state of residence will typically apply.
How much does a prenuptial agreement cost?
Costs vary based on complexity, but investing in proper legal representation costs much less than litigation later. Simple agreements might cost a few thousand dollars, while complex situations involving multiple businesses or extensive assets cost more.
Can my prenup address custody of our future children?
No. Florida courts always retain authority to make custody and child support decisions based on the child’s best interests at the time, regardless of any prenuptial provisions.
What if my partner refuses to sign a prenup?
This becomes a personal decision that depends on your individual circumstances and relationship dynamics. However, a partner’s unwillingness to discuss financial matters openly might indicate deeper compatibility issues worth addressing before marriage.
Do both partners need separate attorneys?
While not legally required, it’s strongly recommended. Having independent legal representation helps ensure the agreement is enforceable and that both parties fully understand their rights and obligations.
Contact Us
Making decisions about prenuptial agreements doesn’t have to feel overwhelming. At Perez-Calhoun Law Firm, P.A., we help Winter Park couples create thorough prenuptial agreements that protect their interests while strengthening their relationships.
Every couple’s situation is unique, and one-size-fits-all approaches don’t work for something as important as your financial future. Our experienced family law attorneys take time to understand your goals, explain your options clearly, and craft agreements that reflect your values and protect your interests.
Don’t let misconceptions or delays leave your financial future to chance. Contact us today to schedule your free initial consultation and take the first step toward protecting your family’s future. We’ll guide you through the process with compassion, professionalism, and the legal skill you deserve.
