A prenuptial agreement is a binding legal contract between two people who plan to marry. In Florida, these agreements can address a wide range of financial matters, from the division of assets and debts to spousal support and inheritance rights. They are governed by specific laws that set out the requirements for validity, the scope of permissible terms, and the limits of enforceability. Understanding these rules is essential for anyone considering a prenup before marriage in Orlando.
An Orlando prenup lawyer can explain how Florida law applies to your circumstances, draft an agreement that meets legal standards, and protect your interests in the process. The statutes that govern these agreements provide both flexibility and structure, allowing couples to make choices about their financial future while ensuring fairness and legal compliance.
The Legal Framework for Prenuptial Agreements in Florida
Florida’s laws governing prenuptial agreements are found in the Florida Uniform Premarital Agreement Act. This statute sets out what a prenup can and cannot do, how it must be executed, and under what circumstances it can be challenged.
A prenuptial agreement must be in writing and signed by both parties. It takes effect upon marriage, not before. Each person should enter into the agreement voluntarily, with full knowledge of the other’s financial situation. Although the law does not require each party to have their own lawyer, independent legal representation strengthens the enforceability of the agreement and helps avoid future disputes.
An Orlando prenup lawyer can ensure that these statutory requirements are met, reducing the risk that a court will later set aside the agreement.
Full and Fair Financial Disclosure
One of the key requirements under Florida law is full and fair disclosure of assets and debts before the agreement is signed. This means that each party must provide accurate information about their income, property, investments, liabilities, and other relevant financial details.
The purpose of disclosure is to ensure that both parties understand what they are agreeing to. If one party hides significant assets or debts, the agreement may be vulnerable to challenge later. A prenup signed without proper disclosure can be set aside if the disadvantaged spouse can show they had no knowledge of the undisclosed information and could not have reasonably discovered it.
An Orlando prenup lawyer can help prepare a complete and accurate disclosure statement, ensuring the process is documented and verifiable.
Voluntariness and the Absence of Duress
Florida courts will not enforce a prenuptial agreement if it was signed under duress, coercion, or undue influence. Each party must have the time and opportunity to review the terms, consider their options, and seek legal advice before signing.
A prenup presented just days before the wedding can raise questions about whether there was genuine consent. To avoid this risk, couples should begin the process well in advance of the wedding date. An Orlando prenup lawyer can guide the process to ensure that no party feels pressured and that the timing of the agreement supports enforceability.
Permissible Provisions Under Florida Law
Florida law allows couples to include a wide variety of provisions in a prenuptial agreement, provided they do not violate public policy or statutory limits. Common provisions include:
- The rights and obligations of each party in any property, wherever located and whenever acquired.
- The division of property upon separation, divorce, or death.
- The disposition of property through wills, trusts, or other arrangements.
- The modification or elimination of spousal support.
- The ownership and management of business interests.
- The allocation of debts between the spouses.
These provisions can be tailored to the couple’s unique needs. For example, a spouse who owns a business can use a prenup to keep that business separate from marital property. An Orlando prenup lawyer can customize these terms to reflect the couple’s financial goals while staying within the boundaries of Florida law.
Limitations on Prenuptial Agreements
While Florida law offers broad flexibility, certain matters cannot be settled in a prenuptial agreement. The most important limitation involves children. A prenup cannot predetermine child custody or child support, as these issues are decided based on the child’s best interests at the time of the decision.
Provisions that attempt to limit or waive child support obligations are unenforceable. Similarly, agreements about custody or visitation will not bind a court in the future. An Orlando prenup lawyer will ensure that the agreement does not contain unenforceable terms that could undermine its validity.
Waiver of Spousal Support
Florida law allows a prenuptial agreement to waive or limit spousal support, but such provisions are subject to court review. A waiver will not be enforced if it would leave one spouse without the means to support themselves or if enforcement would be unconscionable at the time of divorce.
For example, if the spouse waiving support becomes disabled during the marriage and is unable to work, the court may find that enforcing the waiver would be unjust. An Orlando prenup lawyer can draft alimony provisions that provide clarity while still meeting the fairness standard required by law.
Treatment of Separate and Marital Property
One of the most valuable aspects of a prenuptial agreement is the ability to define what will be considered separate property and what will be marital property. Without an agreement, Florida law presumes that most property acquired during the marriage is marital and subject to equitable distribution.
A prenup can preserve the separate nature of property owned before marriage, as well as property acquired by gift or inheritance. It can also outline how income from separate property will be treated. An Orlando prenup lawyer can craft these provisions with precision to avoid future disputes.
Protection of Business Interests
Business owners often use prenuptial agreements to protect their companies from being divided in divorce. Florida law permits this protection if it is clearly stated in the agreement. This can include provisions to keep ownership, profits, and appreciation separate from marital property.
An Orlando prenup lawyer can also address the division of business-related debts, ensuring that the company’s liabilities do not become a source of conflict.
Coordination with Estate Planning
Florida law allows prenuptial agreements to modify or waive rights that a surviving spouse would otherwise have upon death, such as the elective share or homestead rights. These provisions must be drafted carefully to avoid conflicts with wills and trusts.
An Orlando prenup lawyer can work with estate planning counsel to ensure that the prenup aligns with the couple’s overall estate plan. This coordination can prevent disputes among heirs and surviving spouses after one spouse passes away.
Enforceability and Grounds for Challenge
A prenuptial agreement can be challenged in Florida on several grounds, including:
- Lack of voluntariness.
- Fraud, duress, or coercion.
- Inadequate financial disclosure combined with lack of knowledge of the other party’s finances.
- Unconscionability at the time of enforcement.
The burden of proof falls on the party seeking to set aside the agreement. An Orlando prenup lawyer ensures that the process and documentation support enforceability, reducing the likelihood of a successful challenge.
Postnuptial Agreements
Florida law also recognizes postnuptial agreements, which are similar to prenups but entered into after marriage. The legal standards for postnups are similar, requiring full disclosure and voluntary consent.
An Orlando prenup lawyer can explain when a postnup might be appropriate, such as when financial circumstances change significantly after the wedding.
Modifying or Revoking a Prenup
Florida law allows a prenuptial agreement to be modified or revoked after marriage, but only through a written agreement signed by both parties. This flexibility allows couples to adapt their arrangements to changes in their lives.
An Orlando prenup lawyer can prepare amendments that preserve the original intent while addressing new priorities.
Frequently Asked Questions
When does a prenuptial agreement take effect in Florida?
It takes effect upon marriage. Signing the agreement before the wedding ensures that it is valid once the marriage begins.
Do both parties need lawyers for a prenup to be valid?
No, but having independent legal counsel for each party strengthens enforceability and helps prevent future challenges.
Can a prenup protect assets I acquire after marriage?
Yes. The agreement can specify that certain future acquisitions remain separate property.
Will my prenup be valid if we signed it a week before the wedding?
Possibly, but signing too close to the wedding date can raise questions about voluntariness. Early preparation is best.
Can we include lifestyle clauses in a Florida prenup?
Yes, but courts may refuse to enforce provisions unrelated to financial matters, especially if they are deemed against public policy.
What happens if my spouse fails to disclose assets before signing?
Failure to disclose can be grounds to challenge the agreement if the other party had no knowledge and could not have reasonably discovered the assets.
The McKinney Law Group: Protecting Orlando Clients Before They Say “I Do”
From safeguarding a business to protecting an inheritance, a prenuptial agreement can help you enter marriage with confidence. Our Orlando prenup attorneys provide guidance every step of the way.
Call 813-428-3400 or email [email protected] to begin the process.