What To Include in a Prenuptial Agreement in Orlando, FL

Orlando family law is based on Florida family law. Under Florida family law, in the event of a divorce, the couples split assets equitably, not necessarily equally. This can cause apprehension for various reasons, some of which are outlined below. 

One way of dealing with these concerns is to have both spouses-to-be sign a prenuptial agreement prior to marriage. A “prenup” can alter Florida’s “equitable distribution” arrangement by contractual agreement.

The  Florida Uniform Premarital Agreement Act 

The  Uniform Premarital Agreement Act (UPAA) is a statute that states can choose to enact (but don’t have to). The purpose of uniform acts is to harmonize laws among the various states without imposing these laws from Washington, DC. 

Florida has enacted its own version of the UPAA, with minor local variations.    

Limitations on the Validity of a Prenuptial Agreement

Never forget the following limitations on the validity of a prenuptial agreement:

  • A prenuptial agreement cannot dictate child custody or child support arrangements. Here, the universal “best interests of the child”  standard governs. 
  • A prenup cannot be based on fraud, deceit, or coercion. 
  • It will not go into effect if the marriage doesn’t take place or in case of an annulment of the marriage.
  • Manifestly unfair terms can invalidate a prenuptial agreement
  • A last-minute prenuptial agreement will arouse suspicion and might invalidate it.

At least have a lawyer look over your prenuptial agreement before you sign it.

What Are the Requirements for a Valid Florida Prenuptial Agreement?

To constitute a valid and enforceable contract under Florida law, a prenuptial agreement should include the following features:

  • The document must be written and typed. Verbal agreements are unacceptable, as are handwritten documents.   
  • Both spouses-to-be must sign the document. No witnesses are required, and no notarization is required. Both are optional, but both are a good idea. 
  • Sign the agreement at least one month before the wedding This is not an absolute requirement, but it will help support the validity of the agreement.
  • The document must be factually accurate and complete, especially with respect to required financial disclosures.
  • There must be no convincing evidence of coercion. 

A judge might also invalidate a prenuptial agreement for circumstantial reasons that are not apparent from the text of the document.

What To Include in a Prenuptial Agreement

At the very least, include the following items in your prenuptial agreement:

  • A listing of all of the property of both spouses-to-be.
  • Identification of which property is marital property and which party is private property. 
  • How certain property will be divided in the event of divorce. You might specify one spouse as the sole owner of certain assets such as houses, cars, or investments so you don’t have to sell them and split them down the middle.
  • Division of debts—who pays what. Considering predetermining who will pay specific debts.
  • Alimony, if any. 
  • Florida law governs the agreement unless there is a good reason to use another state’s law. Talk to your lawyer about this.
  • Dispute resolution. Will you resolve them in court? Through arbitration? Again, talk to your lawyer.
  • Consider adding a “sunset clause”. If you’re entering into a prenuptial agreement because you don’t fully trust your spouse, you could specify that the agreement lapses on the date of, say, your 10th wedding anniversary. By then, you probably either trust your spouse or you have already divorced.
  • A place to sign and date the agreement.

This list of terms is not exhaustive. You should customize your prenuptial agreement based on your individual circumstances, priorities, and concerns. This is another way that a lawyer can help.

Don’t Try This at Home: Contact an Orlando Family Lawyer

A prenuptial agreement is a critical legal document that might dominate your destiny decades down the road. There are at least two ways that a prenuptial agreement can result in an unpleasant surprise. 

One is if a court misinterprets its terms in a manner that you did not intend. The other is if a court invalidates the agreement. An experienced family lawyer can help you draft the agreement and ensure it aligns with your interests.

Contact Our Family Law Firm in Orlando, FL

Contact the experienced Orlando divorce 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