Are Prenuptial Agreements Enforceable in Florida?

Protecting Your Future in Orlando’s High Net-Worth Divorces

Orlando is a vibrant city filled with professionals, entrepreneurs, and families building successful lives. With its growing economy and opportunities, Orlando also sees its share of high net-worth divorces. As an Orlando high net-worth divorce attorney, I frequently work with individuals seeking to understand their legal options regarding prenuptial agreements. Whether you’re entering a marriage and want to protect your assets or you’re facing a divorce where a prenuptial agreement is being challenged, these agreements can play a crucial role in shaping financial outcomes.

I’m Beryl Thompson-McClary, and I’ve dedicated my career to helping clients in Orange County, Florida, with family law issues. If you’re dealing with a prenuptial agreement, I can help. Whether you’re trying to enforce or challenge an agreement, I will guide you through every step. Call me at 1-888-640-2999 for an initial consultation to discuss your case and learn how we can protect your interests.


What Is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a legally binding contract entered into by a couple before marriage. This agreement outlines how assets, debts, and financial matters will be handled in the event of divorce or death. In Florida, these agreements are governed by the Uniform Premarital Agreement Act (UPAA), which is codified under Florida Statutes §61.079.

High net-worth individuals often use prenuptial agreements to safeguard significant assets such as businesses, real estate, investments, and inheritance. While these agreements are enforceable in Florida, they must meet specific legal standards to remain valid.


Enforcing Prenuptial Agreements in Florida

For a prenuptial agreement to be enforceable in Florida, it must meet the following requirements:

  1. Voluntary Agreement: Both parties must have signed the agreement willingly. Any evidence of coercion, undue influence, or duress can render the agreement invalid.
  2. Full Disclosure: The agreement must include full and accurate disclosure of each party’s financial situation. This includes income, assets, liabilities, and other financial interests. If a party fails to disclose significant information, the court may invalidate the agreement.
  3. Fair and Reasonable Terms: The terms of the agreement must be fair and reasonable at the time of signing. Florida courts may void agreements that are heavily one-sided or that leave one party destitute.
  4. Written and Signed: Oral agreements are not enforceable. The prenup must be in writing and signed by both parties before the marriage.

Challenging a Prenuptial Agreement in Florida

If you believe a prenuptial agreement is unfair or invalid, Florida law provides avenues for challenging it. Some common reasons for disputes include:

  • Fraudulent Disclosure: If your spouse concealed assets or income during the disclosure process, the agreement could be invalidated.
  • Coercion or Duress: If you were pressured into signing the agreement, the court might find it unenforceable.
  • Unconscionable Terms: Agreements with grossly unfair terms that would cause undue hardship may not be upheld by Florida courts.

As your attorney, I will analyze the details of your case and work to either defend the validity of the agreement or challenge its enforceability, depending on your position.


Relevant Florida Statutes

The legal framework for prenuptial agreements in Florida is established under the Uniform Premarital Agreement Act (UPAA), codified in Florida Statutes §61.079. Key provisions include:

  • Section 61.079(2): Defines the permissible contents of a prenuptial agreement, including property division, spousal support, and other financial arrangements.
  • Section 61.079(7): Outlines the circumstances under which an agreement may be found unenforceable, such as lack of disclosure or involuntary signing.
  • Section 61.079(9): Addresses the modification or revocation of prenuptial agreements by mutual consent.

Understanding these statutes is essential to effectively addressing disputes or enforcement issues related to prenuptial agreements.


Ramifications of Enforceable and Invalid Prenuptial Agreements

When a Prenuptial Agreement Is Enforceable:

  • Assets and debts are divided according to the terms of the agreement, potentially limiting litigation and conflict.
  • Spousal support obligations may be reduced or waived, as outlined in the prenup.
  • Business owners can protect their enterprise from being divided or sold during a divorce.

When a Prenuptial Agreement Is Invalid:

  • Florida’s equitable distribution laws will apply, which often involve dividing marital assets and debts fairly but not necessarily equally.
  • Litigation may increase as both parties seek to resolve disputes through the court system.
  • Spousal support could be awarded based on Florida law rather than the terms of the agreement.

Whether you’re enforcing or challenging a prenuptial agreement, my role is to advocate for your interests while ensuring compliance with Florida law.


How I Can Help

As an Orlando high net-worth divorce attorney, I understand the complexities of prenuptial agreements. I’ve worked with clients on both sides of these issues, helping enforce agreements that protect assets and challenging agreements that unfairly disadvantage my clients. My approach is tailored to your unique circumstances, ensuring that your goals remain the focus throughout the legal process.

If you’re dealing with a prenuptial agreement in Orange County or anywhere in Florida, call me at 1-888-640-2999 for an initial consultation. Together, we’ll evaluate your case and determine the best path forward.


FAQs About Prenuptial Agreements in Florida

Can a prenuptial agreement include child custody and support terms?

No, Florida law prohibits prenuptial agreements from including provisions about child custody or support. These issues are determined by the court based on the child’s best interests at the time of the divorce. While financial arrangements for children cannot be predetermined in a prenup, the agreement can address other financial matters such as property division.

What happens if my spouse hid assets during the prenup disclosure process?

If one party failed to disclose assets or financial obligations fully, the agreement could be deemed invalid. Florida law requires full and honest disclosure to ensure fairness. If you suspect fraud, I can help investigate and present evidence to the court to challenge the agreement.

Can we modify or revoke a prenuptial agreement after marriage?

Yes, prenuptial agreements can be modified or revoked after marriage, but this must be done in writing and signed by both parties. The new agreement will need to meet the same legal standards as the original. I can assist you in drafting or reviewing any modifications to ensure compliance with Florida law.

Are prenuptial agreements only for wealthy individuals?

Not at all. While they are more common in high net-worth marriages, prenuptial agreements can benefit anyone who wants to protect assets, establish clear financial boundaries, or reduce potential conflict in the event of divorce. I can help you determine if a prenup is right for your situation.

How does Florida handle spousal support in prenuptial agreements?

Florida courts generally uphold spousal support waivers in prenuptial agreements unless the waiver results in extreme hardship for one party. If circumstances have changed significantly since the agreement was signed, the court may reconsider the enforceability of spousal support provisions. I can help you understand how these provisions apply to your case.

What makes a prenuptial agreement fair and reasonable?

A fair and reasonable prenuptial agreement considers both parties’ financial situations and provides equitable terms. Agreements that heavily favor one party, leave the other destitute, or fail to disclose all relevant information are less likely to be upheld by Florida courts. I’ll work with you to ensure your agreement meets these standards.

Is there a deadline for challenging a prenuptial agreement?

You can challenge a prenuptial agreement at any point during divorce proceedings. However, waiting until the last minute can complicate the process. If you’re considering a challenge, it’s best to act quickly and consult with an attorney to build a strong case.


Call Attorney Beryl Thompson-McClary Today

If you’re facing issues with a prenuptial agreement in Florida, you don’t have to handle it alone. As an experienced Orlando high net-worth divorce attorney, I’ll guide you through the complexities of these agreements and protect your interests. Call me at 1-888-640-2999 for an initial consultation. Let’s work together to secure the outcome you deserve.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
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