A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Florida Statute 61.079 is considered and commonly referred to as the “Uniform Premarital Agreement Act” and it applies only to proceedings under the Florida Family Law Rules of Procedure. To learn more about prenuptial agreements, pursuant to Florida Statute 61.079, continue reading as we discuss its enforcement, amendment, and formation.

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration (consideration is referred to typically as money or other form of compensation in most contractual agreements unrelated to marriage) other than the marriage itself. Parties to a premarital agreement may contract regarding the following items:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.

 It is well-established Florida law that the right of a child to support may not be adversely affected by a premarital agreement. This means that a prenuptial agreement can’t waive, reduce or otherwise adversely affect child support, as the right to child support rests with the child - not the parent. Therefore, a parent cannot waive, reduce or otherwise adversely affect child support.

 A premarital agreement becomes effective upon marriage of the parties. After the date of the marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration. A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:

1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party, (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and(ii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

TOP 3 FREQUENTLY ASKED QUESTIONS

• ‍Can a court order spousal support if the waiver of spousal support in a prenuptial agreement would render the spouse (who would otherwise be eligible for spousal support) eligible for public government assistance?

If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

• ‍In determining whether a prenuptial agreement (or a term contained therein) is enforceable, who decides if the agreement is unconscionable?

The Judge. An issue of unconscionability of a premarital agreement shall be decided by the judge as a matter of law.

• ‍Will a court ever enforce a prenuptial agreement, if the marriage is found to be void?

Maybe, but it depends on the circumstances. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. 

Discuss Your Case with A South Florida Divorce Lawyer Experienced in Child Support Matters.

The Joseph Firm, P.A., has extensive experience helping clients with their prenuptial agreements in South Florida, including Miami Dade County. Our law firm fully understands the challenges of navigating the language of a valid and enforceable prenuptial agreement, and we're always ready to provide the highest-quality legal representation.

Whether your case settles outside the courtroom or goes to trial (or final hearing),our attorneys go the extra mile for every client. We handle every client with a unique approach. You can expect care and compassion.

Our firm offers evaluations. Speak to a Miami divorce attorney at The Joseph Firm, P.A. today by calling (305) 501-0992 or contacting us online. And if you, or someone you know, is dealing with a family, alimony or marital related matter call a Miami divorce lawyer at Joseph Firm, P.A.  who can help handle your case from beginning to end. Helping you pursue the best possible outcome. The experienced family and marital lawyers at Joseph Firm, P.A. are ready to hear your story.

We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992 or contact us online.