In 2007, the Florida legislature passed the Uniform Premarital Agreement Act. The statute specifies the requirements necessary for a valid prenuptial agreement and provides guidance as to the subjects that can be included. While many people see a prenuptial agreement as antithetical to the concept of a loving marriage, a properly drafted agreement can reduce the anxiety of one or both spouses about financial matters and division of property from a prior marriage.
To be valid and enforceable, a premarital agreement must be in writing and must be signed by both parties before the marriage takes place. A premarital agreement may be revoked, modified or abandoned after the marriage occurs if both parties agree and if the amendment is in writing.
Most premarital agreements deal primarily with property acquired by each spouse prior to or during the marriage. The premarital agreement usually defines the respective rights of the spouses to manage, sell or transfer any type of property. The agreement usually specifies how joint property shall be divided and whether and to what extent the spouses have an interest in each other’s property. A premarital agreement may also deal with the establishment, modification, waiver or elimination of spousal support. One important caveat: the right of a child to support cannot be “adversely affected” by a premarital agreement.
Anyone who has been asked to sign a premarital agreement or is thinking of requesting such an agreement may wish to consult an experienced family lawyer to draft or review a proposed agreement. A knowledgeable attorney can provide advice on whether the agreement is enforceable and how specific terms will affect the parties’ interests in the event of a divorce.
Source: leg.state.fl.us, “The 2017 Florida Statutes,” accessed on April 2, 2018