It’s not uncommon for engaged couples to have important discussions about money, property, and expectations for the future. One partner may say, “Don’t worry, I’ll never touch your business if we divorce,” or “We’ll each keep what we came in with.” These conversations often happen casually—over dinner, in text messages, or in the quiet moments leading up to a wedding. But when the relationship ends, and the stakes are high, a critical question arises: are those verbal promises about a prenup legally binding in Florida?
Under Florida law, prenuptial agreements must meet specific legal formalities to be enforceable. Verbal agreements—even sincere ones—almost always fall short. A Tampa prenup lawyer can clarify why oral promises rarely hold up in court and how to protect your interests through proper written documentation.
This article examines whether verbal prenup promises are binding in Florida, the legal requirements for enforceability, common misconceptions, and how to prevent costly misunderstandings before marriage.
The Legal Framework for Prenups in Florida
Florida follows the Uniform Premarital Agreement Act (UPAA), which outlines the formalities for a valid and enforceable prenuptial agreement. Under Florida Statute §61.079, a prenuptial agreement must:
- Be in writing
- Be signed by both parties
- Be executed voluntarily
- Include fair and reasonable disclosure (unless waived)
- Be entered into in contemplation of marriage
Verbal promises—even if made in good faith—do not satisfy these requirements. Without a signed written agreement, there is no enforceable prenup under Florida law.
A Tampa prenup lawyer routinely sees disputes where one party relied on oral statements made before marriage, only to find that courts will not honor them in divorce proceedings.
Why Verbal Promises Don’t Hold Up
Verbal promises about prenups are not enforceable because Florida law requires prenuptial agreements to be in writing. The reasons for this are rooted in both legal tradition and public policy:
1. The Statute of Frauds
The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing. Agreements made in contemplation of marriage—including prenups—fall within this category.
This prevents people from making false claims about verbal arrangements or trying to enforce casual conversations as binding contracts.
2. Complexity of Financial Rights
Prenuptial agreements often deal with complex issues like:
- Division of real estate
- Business ownership
- Retirement accounts
- Alimony and spousal support
- Inheritance and estate planning
Courts require a written agreement to ensure clarity, prevent fraud, and promote certainty. A verbal exchange cannot capture the necessary detail or protect both parties’ rights adequately.
3. Inability to Prove Terms
Even if both parties agree that a conversation happened, they may disagree on the exact terms. Was the promise to waive alimony? To keep business income separate? To exclude real estate purchased during the marriage?
Without a written record, courts cannot determine intent with precision. A Tampa prenup lawyer will always emphasize that only a signed written agreement provides enforceable terms.
Common Misconceptions About Verbal Prenups
Couples frequently misunderstand the enforceability of their private discussions. Here are some of the most common myths:
“We Agreed Verbally, So It Counts”
No matter how detailed the conversation was, it won’t be enforceable without a signed agreement. Courts require written documentation.
“He Said He’d Never Go After My Assets”
Intentions change. Without a written waiver of rights, your spouse may later claim entitlement to marital assets, even if they verbally promised otherwise.
“We Exchanged Texts About It—Isn’t That Proof?”
Text messages may show that discussions occurred, but they rarely rise to the level of a valid prenuptial agreement. They may lack signatures, full disclosure, or essential terms.
“We Recorded Ourselves Agreeing on Everything”
Audio or video recordings may confirm what was said, but they are not a substitute for a signed contract. A Tampa prenup lawyer will warn against relying on informal records.
The Danger of Relying on Verbal Promises
Failing to formalize a prenup in writing can lead to devastating consequences. Here are real-world risks that may arise if one party relies on a verbal promise:
- Loss of Business Ownership: A spouse may claim a share of a company that was intended to be separate.
- Alimony Obligations: Despite a prior verbal agreement to waive support, a court may award alimony.
- Asset Division Disputes: Property assumed to be protected may be deemed marital and divided.
- Litigation Costs: Without a clear agreement, parties may spend tens of thousands litigating issues that could have been settled with a written prenup.
Even well-meaning spouses may forget, reinterpret, or dispute what was said years earlier. A written agreement eliminates uncertainty and protects both parties from relying on imperfect memory.
When Verbal Discussions Might Still Be Relevant
Although verbal prenup promises are not binding, they may play a limited role in certain court proceedings:
Evidence of Intent
If there’s a written prenup with vague language, verbal discussions might be used to interpret the meaning of ambiguous terms. However, this is rare and courts prioritize the written text.
Proof of Undue Influence
If one party claims the prenup was signed under pressure, verbal statements or recordings might help prove coercion or intent.
Promissory Estoppel (Limited)
In some limited cases, a party may argue that they relied on a promise to their detriment. However, courts rarely apply promissory estoppel in the context of prenuptial agreements due to the formal requirements under the law.
A Tampa prenup lawyer will caution against relying on these narrow exceptions. They are difficult to prove and rarely successful.
The Role of Financial Disclosure
Another reason courts require prenups to be written is the requirement for fair and reasonable disclosure. A valid agreement must either:
- Include a full disclosure of assets and liabilities, or
- Include a written waiver of the right to such disclosure
Verbal agreements cannot accomplish this. Without a signed document confirming that disclosure was made or waived, the agreement is unenforceable. Financial disclosure is one of the most litigated issues in prenup enforcement—and one that verbal promises cannot satisfy.
How to Avoid Verbal Prenup Disputes
The best way to prevent disputes is to formalize all discussions about finances and property into a legally binding, written agreement. Here’s how to do it:
1. Put Everything in Writing
Even if the conversation seems simple, it must be reduced to a signed written contract. A Tampa prenup lawyer will ensure that each term is clear and enforceable.
2. Include Comprehensive Terms
Cover all the essential areas of your financial life:
- Property owned before marriage
- Income during marriage
- Real estate
- Business ownership
- Retirement and investments
- Alimony and spousal support
- Debt responsibility
- Estate planning provisions
The more thorough the agreement, the less likely it will be challenged later.
3. Avoid Rushed or Last-Minute Agreements
A prenup signed days before the wedding may be challenged as coercive. Begin the process early to allow for negotiation, disclosure, and revisions.
4. Encourage Independent Legal Counsel
Each party should have their own attorney. This ensures fairness, increases the likelihood of enforcement, and protects against claims of pressure or misunderstanding.
5. Document the Process
In addition to the agreement itself, keep records of:
- Drafts and revisions
- Financial disclosures exchanged
- Emails confirming understanding
- Timeline of when discussions occurred
These supporting documents can help defend the prenup if it’s later challenged.
What Courts Say About Verbal Prenups
Florida courts have consistently ruled that verbal prenup promises are unenforceable. Judges will not consider oral arrangements or handshake deals as valid prenuptial agreements. If a case lacks a signed agreement that complies with Florida’s formalities, courts will treat the couple’s assets and obligations under the default rules of equitable distribution.
This underscores the importance of consulting with a Tampa prenup lawyer before marriage to ensure that expectations are documented and enforceable.
What If the Prenup Was Discussed, But Never Signed?
This scenario arises frequently. One party may say, “We agreed to do a prenup,” but the other didn’t follow through. Or the parties drafted an agreement but never executed it.
In these cases, the courts will treat the marriage as if no prenup exists. The default rules of equitable distribution and support obligations will apply. Even if a draft agreement exists, unsigned documents carry little to no legal weight.
That’s why finalizing the process is critical. An unsigned prenup is the same as no prenup at all.
The Illusion of Informal Agreements
Engaged couples may feel that their relationship is built on trust and shared goals—and that writing things down isn’t necessary. But in reality, informal promises create false security.
Once a marriage ends, the legal system steps in with its own rules. Without a valid prenup, those rules may produce outcomes that are far different than what the parties intended. Protecting expectations means memorializing them in writing—clearly, formally, and with legal guidance.
What to Do If You’re Relying on a Verbal Promise
If you’re engaged or recently married and relying on a verbal agreement, take immediate steps to formalize it:
- Speak with a Tampa prenup lawyer to draft a proper written agreement or consider a postnuptial agreement.
- Gather any emails, messages, or notes about the prior discussions, if they exist.
- Clarify with your spouse that informal discussions are not enforceable and that you both need to commit to executing a valid contract.
- Avoid mixing finances in ways that could complicate future asset tracing until the agreement is finalized.
Waiting too long can make it more difficult—or impossible—to reach the protections you originally discussed.
FAQ
Are verbal prenups enforceable in Florida?
No. Florida law requires prenuptial agreements to be in writing and signed by both parties.
What if my spouse promised to sign a prenup but never did?
Without a signed agreement, the promise has no legal effect. Courts will apply default Florida divorce laws.
Can texts or emails about a prenup count as a written agreement?
Not usually. To be valid, a prenup must be a formal written contract with proper signatures and financial disclosure or waiver.
Can I enforce a verbal agreement if both parties agree on what was said?
No. Even mutual agreement about prior verbal statements won’t satisfy Florida’s legal requirements.
What if we recorded a video of ourselves agreeing to terms?
That may serve as evidence of intent, but it will not create a legally binding prenup.
What happens if I relied on a verbal prenup and now I’m divorcing?
The court will disregard the verbal agreement and apply Florida’s equitable distribution and alimony laws.
Is it too late to sign a prenup after we’re married?
Yes. Once married, a couple must sign a postnuptial agreement instead, which has different rules.
Can we write up something simple ourselves and sign it?
Homemade agreements may be invalid if they lack disclosure, legal review, or fail to meet formal requirements. It’s best to consult a Tampa prenup lawyer.
What if my spouse says the prenup was never needed because of what we agreed verbally?
Intentions are not enforceable without a signed contract. Verbal assurances are not a substitute for legal documentation.
How soon before the wedding should we finalize our prenup?
Ideally, the agreement should be signed at least 30 days before the wedding to avoid claims of duress or pressure.
The McKinney Law Group: Tampa’s Trusted Source for Legally Sound Prenups
A well-crafted prenup can prevent costly disputes and protect what you’ve worked hard to build. Our Tampa team ensures your agreement is enforceable, clear, and tailored to your situation.
Call 813-428-3400 or email [email protected] to get started.