Getting married in Florida? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Fla. Stat. § 61.079 lays out the definition and enforceability of prenups. One notable Florida case is Casto v. Casto (Fla.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Florida’s statute provides that a premarital agreement is unenforceable if the person against whom enforcement is sought proves that (a) they did not execute th…
- Florida has codified its premarital agreement law in Florida Statutes § 61.079, adopting the Uniform Premarital Agreement Act with some state-specific tweaks.
Are prenups legal in Florida?
Florida has codified its premarital agreement law in Florida Statutes § 61.079, adopting the Uniform Premarital Agreement Act with some state-specific tweaks. A prenup in Florida must be in writing and signed by both parties.
What makes a Florida prenup enforceable?
Florida’s statute provides that a premarital agreement is unenforceable if the person against whom enforcement is sought proves that (a) they did not execute the agreement voluntarily, or (b) the agreement was unconscionable when it was executed and, before execution, they were not provided a fair and reasonable disclosure of the other party’s finances and did not waive such disclosure in writing.
What you can—and can’t—include
Florida permits broad prenup terms on property division (the couple can opt out of the state’s equitable distribution scheme), on alimony (they can waive or limit alimony, but note the public assistance caveat), on inheritance rights (spouses can waive rights to each other’s estate or life insurance benefits via prenup), and so forth.
Simple process
In Florida, notarize and witness the prenup signing even though the statute itself doesn’t require it. This means at least two adult witnesses present and signing, and a notary to acknowledge the parties’ signatures (especially if the agreement affects real estate or death benefits).
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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