Antenuptial Agreements in Florida
An antenuptial agreement (prenuptial agreement) is a contract between prospective spouses that defines their property rights, financial obligations, and other matters in the event of divorce or death. Florida governs these agreements under the Uniform Premarital Agreement Act, Section 61.079.
Enforceability Requirements
Florida courts enforce antenuptial agreements when three conditions are met: voluntary execution (no fraud, duress, or coercion), full and fair financial disclosure (or written waiver of disclosure), and the agreement is not unconscionable at the time enforcement is sought. Both parties should be represented by independent counsel, and the agreement should be executed well before the wedding date to demonstrate voluntary consent.
Common Provisions
Florida antenuptial agreements typically address the classification of separate and marital property, alimony rights and waivers, protection of business interests and professional practices, inheritance rights and elective share waivers, responsibility for pre-existing debts, and life insurance obligations. Agreements cannot adversely affect the rights of children to support or violate Florida public policy.
Related Terms
- Alimony
- Elective Share
- Marital Property
Barnes Walker Estate Planning
Barnes Walker drafts and reviews antenuptial agreements for individuals throughout Southwest Florida. Contact us for premarital planning guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC