What Makes a Premarital Agreement Valid in Orlando, FL? 

Premarital agreements in Florida, commonly known as prenuptial agreements or “prenups,” are contracts between prospective spouses in contemplation of marriage. They allow couples to determine how financial matters will be handled during the marriage and in the event of a divorce or death. While Florida law permits prenuptial agreements, strict legal standards apply to ensure their enforceability. 

Florida’s Uniform Premarital Agreement Act (UPAA)

Florida has adopted the Uniform Premarital Agreement Act (UPAA) under Florida Statutes § 61.079. The statute governs the creation, enforcement, and limitations of premarital agreements. It also outlines what these agreements can include and under what circumstances they may be declared invalid. Under the UPAA, a premarital agreement becomes effective upon marriage. However, it must meet specific criteria to be considered valid and enforceable in court.

Essential Requirements for a Valid Premarital Agreement in Orlando, FL

A premarital agreement must meet several specific legal standards to be legally enforceable under Florida law. 

 

Some requirements that both parties must follow when creating a valid and binding agreement are:

1. The Agreement Must Be in Writing

Florida law requires that premarital agreements be in writing. Verbal promises or informal understandings between parties will not be enforceable in court, no matter how well both parties recall them. The written agreement must clearly outline the terms and be signed by both parties.

2. Voluntary Signing by Both Parties

Both parties must enter into the agreement voluntarily. This means there can be no fraud, duress, coercion, or overreaching. A prenup signed under duress, such as right before a wedding, may be challenged and invalidated. 

 

It is recommended that each party sign a prenup with ample time to review the terms and seek independent legal counsel. An experienced Orlando prenuptial agreement lawyer can review the signing of the agreement to ensure all parties are signing voluntarily. 

3. Full and Fair Financial Disclosure

A valid premarital agreement requires full and fair disclosure of each party’s financial situation before signing, unless a party waives disclosure. This is generally not recommended. 

 

A full and fair disclosure includes information about:

 

  • Income and assets
  • Debts and liabilities
  • Real estate holdings
  • Business interests
  • Other assets

 

Failure to disclose financial information could make a premarital agreement unenforceable, especially if one party were misled.

4. Fair and Reasonable Terms

Florida courts generally recognize that people have the right to contract freely. However, a court may scrutinize a prenup for fairness. A court might refuse to enforce an agreement, or specific provisions within it, if it finds the terms grossly unfair or unconscionable. 

 

Some provisions are more likely to be viewed as unfair or unreasonable, such as if one spouse waives all rights to spousal support without compensation. An Orlando family law lawyer can help you decide what terms to include in your prenuptial agreement. 

5. Does Not Violate Public Policy or Criminal Law

Certain provisions in a premarital agreement will not be enforced even if the rest is valid. For example, Florida prenuptial agreements generally cannot waive child support, since they are considered the child’s right and a matter of public policy. They may also not contain provisions that promote divorce or require unlawful conduct.

The Value of Getting Independent Legal Counsel

Each party should have independent legal counsel when negotiating a prenuptial agreement. Although not legally required in Florida, this helps prevent claims of coercion or misunderstanding. 

 

It can also help both parties understand the legal and financial implications of the agreement. Independent legal representation can also help demonstrate that the agreement was entered into voluntarily.

Have Questions About Child Custody in Florida? Consult an Orlando Family Law Lawyer 

For a premarital agreement to be valid and enforceable in Orlando, it must comply with the requirements of Florida law. It must be in writing, entered voluntarily, supported by full financial disclosure, and drafted fairly. 

 

Seeking independent legal counsel for both parties is one of the best ways to protect the agreement from future legal challenges. If you are considering a premarital agreement in Orlando, consult an experienced Orlando prenuptial agreement lawyer for help protecting your rights.

Contact Our Family Law Firm in Orlando, FL

Contact the experienced Orlando family lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803