Florida Prenuptial Agreements

In Florida, a prenuptial agreement, also known as a prenup, is a legal document that outlines how assets will be divided in the event of a divorce.

Under Florida law, a prenuptial agreement must be in writing and signed by both parties. The agreement must also be entered into voluntarily and with full disclosure of assets and liabilities. If the agreement is found to be unconscionable at the time of enforcement, it may be deemed unenforceable by a court.

Prenuptial agreements can cover a wide range of issues, including:

1. Division of property: The agreement can specify how property will be divided in the event of divorce.
2. Spousal support: The agreement can outline how much spousal support will be paid, and for how long.
3. Inheritance: The agreement can specify how inheritance will be handled in the event of death.
4. Debt: The agreement can address how debts will be handled in the event of divorce.
5. Business interests: The agreement can address how business interests will be handled in the event of divorce.

It is important to note that a prenuptial agreement cannot be used to waive a party’s right to alimony or child support. These issues will be determined by the court based on the circumstances at the time of divorce.

Additionally, a prenuptial agreement may be modified or revoked after the marriage has taken place, but only with the written consent of both parties.

Consult With an Experienced Family Law Attorney

Prenuptial agreements are often used by individuals who have significant assets or income or who want to protect their assets in the event of divorce.

If you are considering a prenuptial agreement in Florida, it is important to consult with an experienced family law attorney who can help you understand your rights and obligations under the law.