Florida residents frequently use premarital prenuptial contracts to define estate rights between spouses after their divorce. Some prenuptial agreements fail to achieve court acceptance.
If you’re going through a divorce in Florida—or considering a prenup before marriage—it’s important to understand what’s legally enforceable and what isn’t.
What Is a Prenup in Florida?
Florida residents who wish to marry must both sign a legal premarital contract before their wedding day. The legal document defines all matters related to asset division, debt settlement, and spousal support when a marriage terminates through divorce or death.
The state of Florida permits couples, through prenuptial agreements, to safeguard their personal property, establish financial arrangements, and prevent costly divorce disputes.
Prenuptial agreements cannot rule child custody arrangements and support payments because legal decisions regarding child interests become necessary upon separation. For a prenup to be valid, it must be voluntary, in writing, signed by both parties, and include full financial disclosure.
Florida follows the Uniform Premarital Agreement Act, which governs how these agreements are created, enforced, and possibly challenged in court.
What Makes a Prenup Valid in Florida?
For a prenup to be valid in Florida, it must follow specific legal requirements under Florida Statute 61.079.
First, the agreement must be in writing and signed by both parties. It must be entered into voluntarily, without pressure, threats, or coercion. Each party must fully disclose their assets and financial obligations unless both waive that requirement.
The agreement should be signed well before the wedding to avoid claims of duress. While prenups can cover property division and spousal support, they cannot determine child custody or child support.
Following these rules ensures the agreement will be enforceable in Florida courts.
What Can Be Included in a Florida Prenup?
Florida allows broad discretion in prenups. Common provisions include:
- Division of property
- Rights to marital or separate assets
- Responsibility for debts
- Business ownership protection
- Spousal support or waiver of support (with limits)
However, some things cannot be controlled by a prenup. For example, child custody and child support provisions are not enforceable if they are not in the best interest of the child.
When Prenups Are Thrown Out in Florida Courts
Florida courts will enforce valid prenups, but they will also strike them down under certain conditions. Common reasons include:
1. Coercion or Duress
If one spouse was pressured or threatened into signing, the prenup may be invalid.
2. Lack of Financial Disclosure
If one spouse fails to fully disclose assets or liabilities, the agreement can be set aside—unless the other spouse signed a waiver acknowledging limited knowledge.
3. Unconscionable Terms
If the agreement is extremely one-sided, and the disadvantaged spouse had no meaningful choice or legal representation, it may be ruled unenforceable.
4. Improper Execution
If the prenup was not signed before marriage or is missing signatures, it’s invalid under Florida law.
How Prenups Impact Divorce Settlements
Prenuptial agreements can significantly shape divorce settlements, especially in high-asset cases. A valid prenup outlines how assets, debts, and property will be divided, often overriding default state laws. It can protect separate property, define spousal support, and safeguard business interests.
With a solid prenup, couples can avoid lengthy disputes and reduce litigation costs. However, for the agreement to be enforceable, it must be voluntary, signed without coercion, and based on full financial disclosure.
While prenups can’t decide child support or custody, they provide clarity on financial matters, leading to more efficient and less contentious divorce proceedings.
Special Considerations After a Spouse’s Death
Florida’s prenups can also address what happens when one spouse passes away. Typically, prenups include waivers of spousal rights, which means one spouse can give up their right to inherit from the other. If this is clearly stated in the agreement, it’s enforceable—unless there’s fraud or ambiguity.
However, a surviving spouse may still have some rights unless they’ve explicitly waived them in the prenup, such as elective share rights or homestead rights. Courts closely examine these situations.
Should You Get Legal Advice?
Absolutely. Anyone considering a prenup—or heading into a divorce involving one—should consult with an experienced Florida family law attorney. Having legal counsel during the drafting phase also strengthens the agreement’s enforceability.
At Affordable Divorce Center, we help you protect your future without breaking the bank. Our experienced family law attorneys guide you through prenuptial agreements and divorce with clarity, compassion, and affordable rates. Serving West Palm Beach, Boca Raton, and Stuart—call now for a free case evaluation.
Frequently Asked Questions
1. What court handles divorce in Florida?
Divorces in Florida are handled by the Circuit Courts of the state’s judicial system. Each county has a circuit court that oversees family law matters, including divorce, custody, and child support.
2. What voids a prenup in Florida?
A prenup may be voided if it was signed under duress, lacks full financial disclosure, is extremely unfair (unconscionable), or was not properly executed. Courts also void prenups that include unenforceable terms, like child support waivers.
3. Who pays the court costs in divorce in Florida?
Each party typically pays their own court costs, but the court may order one spouse to pay the other’s legal fees if there’s a significant income difference or if one party acted in bad faith during the proceedings.
4. How long does it take to settle a divorce in Florida?
An uncontested divorce in Florida can take as little as 30 days. It’s quick when both parties agree on everything. Contested divorces take longer. They may last several months to over a year. The timeline depends on custody issues, asset disputes, spousal support, and court availability. Delays happen if one spouse doesn’t cooperate. Mediation, discovery, and trial prep can add time. Hiring an attorney helps avoid unnecessary delays.
5. What happens when your spouse dies and you have a prenup in Florida?
If the prenup includes a valid waiver of inheritance rights, the surviving spouse may not be entitled to assets. However, Florida courts will review the agreement to ensure the waiver was knowing, voluntary, and legally sound.
