What is the definition of a Prenuptial Agreement?
A prenuptial agreement is a written contract signed before marriage that decides how property, debts, and support will be handled if the marriage ends or a spouse dies. It lets the couple, not Florida’s default rules, control the financial outcome.
What a Prenuptial Agreement Can Cover in Florida
Under Florida’s Uniform Premarital Agreement Act, the couple may agree on:
- The rights of each spouse in property owned separately or together
- How property and debts are divided at divorce or death
- Alimony, including waiver of support or limits on its amount
- Life insurance beneficiaries and estate planning matters
- Which state’s law governs the agreement
A prenup cannot pre-determine child support or waive a child’s right to support, and it cannot override the court’s best interests standard for time-sharing.
Requirements for a Valid Prenuptial Agreement
Florida Statute 61.082 sets three basics. The agreement must be in writing, signed by both parties, and no payment or exchange is required to make it binding. It takes effect at marriage. In practice, courts also look for full financial disclosure and honest, voluntary signing when the agreement is later challenged.
When a Prenuptial Agreement Can Be Thrown Out
Florida Statute 61.086 allows a court to set a prenup aside when a spouse signed it involuntarily, or when it is unconscionable and that spouse was never given fair financial disclosure. Pressure at the eleventh hour and hidden assets are the usual reasons agreements fail.
Prenuptial vs. Postnuptial Agreements
The difference is timing. A prenup is signed before the wedding; a postnuptial agreement is signed after the marriage has already begun. Florida law treats both as valid contracts, but postnups face heavier scrutiny because spouses owe each other fiduciary duties once married.
Related Terms
- Postnuptial Agreement
- Non-Marital Assets
- Equitable Distribution Trial
- Property Settlement Agreement
- High Asset Divorce
Considering a Prenuptial Agreement in Tampa?
To see what an enforceable agreement should cover, visit our Tampa prenuptial agreement lawyer page, or call Mindi Lasley, P.A. at (813) 873-9047.