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