Planning a wedding in the Sunshine State? Congrats! Now that you’re planning happily ever after, it’s time to start thinking about the prenuptial agreement. If you’re a Floridian considering a prenup, there are some things you should know about Florida prenups, from the laws that govern them to whether or not you need an attorney (hint: you don’t). Let’s get into the five most critical things you need to know before getting a prenup in Florida.
1. Florida-specific laws on prenups
Florida follows the Uniform Premarital Agreement Act (UPAA), which has been adopted by over half of the states. The UPAA helps keep laws uniform across the country so you know what to expect for a prenup whether you live in Florida or Illinois. (Fla. Stat. § 61.079).
So, what are the Florida-specific laws on prenups? Well, for starters, a Florida prenup must be in writing, signed, and witnessed. While the witness requirement only comes in if you waive inheritance rights, according to Fla. Stat. § 732.702, it is also advisable to have the prenup witnessed if it involves estate planning needs or real property. This is because such provisions may need to comply with the formalities of deeds and wills in Florida, which require witnesses and notarization. Ensuring these formalities are observed can help avoid disputes over the validity of the agreement.
In addition, you must provide fair and reasonable financial disclosure to your future spouse. This means sharing the values of your income, assets, debts, and potential inheritances. Without financial disclosure, you risk your prenup being thrown out. Florida prenups should also be entered into voluntarily, meaning no one was coerced or under duress when signing the agreement.
2. Florida follows equitable distribution laws
Let’s talk about the laws in Florida if you do not have a prenup. In Florida, equitable distribution laws apply to divorces if you do not have a prenup. This means that a court will divide up you and your spouse’s assets depending on what they deem equitable, not necessarily 50-50. The court relies on a set of factors laid out by the Florida legislature, such as the contributions of each spouse, the economic situation of each person, the duration of the marriage, and more. (You can see all of the factors here).
With a valid and enforceable prenup, you can override Florida’s equitable distribution laws and allow for any property split that is reasonable and fair to you and your partner.
3. Don’t wait until the last minute to get a Florida prenup
While there is no legal requirement in Florida for when you need to sign a prenup, it is often recommended by Florida attorneys that you get it done around a month before the wedding. Waiting until the last minute can raise questions of voluntariness and fairness. For example, did you bombard the bride in her bridal suite with a prenup and force her to sign minutes before walking down the aisle? This is not an ideal situation and could potentially be thrown out for involuntariness when signing. Parties should have enough time to seek out an attorney (if they want one) and have enough time to read and digest the terms of the agreement.
4. The agreement should be reasonable but doesn’t need to be 50-50
The agreement should not be overly one-sided and only favor one person. In other words, the agreement should be reasonable. However, that doesn’t mean it needs to be a 50-50 split. It should just not leave one person destitute while the other person sails off in their yacht. For example, John and Lisa are getting a prenup. They’re both on their second marriage and want to keep things separate. John is much wealthier than Lisa—he’s worth $10M while Lisa is worth $100,000. He wants to make sure he retains all of his assets while still being fair to his bride. So, they create a prenup that says everything is separate and no alimony shall be paid. However, John will pay Lisa a lump sum of $500,000 should the marriage come to an end. This way, both parties get something out of the agreement, even though it’s not necessarily 50-50.
5. You don’t need a lawyer to draft a Florida prenup
Florida law does not require you to have a lawyer draft your prenup. This means you and your partner can technically draft your own prenup at home as long as you follow the rules—signatures, witnesses, notarization, financial disclosure, etc. Another good option is to use a reputable online prenup solution like HelloPrenup to get your prenup done in a state-compliant way while not breaking the bank.
However, hiring a lawyer can also have its benefits—it can deter questions of fraud or voluntariness should either party challenge the agreement one day. It’s harder to claim that one person didn’t voluntarily enter into an agreement when they had legal representation. In addition, lawyers can provide tailored legal advice to your unique situation. The good news? HelloPrenup also has Florida attorneys you can hire for flat, exclusive rates!
The bottom line on Florida prenups
As you can see, getting a prenup in Florida is as easy as pie (Key lime pie, that is!). As long as you follow the laws laid out by the Florida UPAA, you’ll be good to go! That means following all the necessary formalities, making sure both spouses enter the agreement voluntarily, making sure the prenup is reasonable, providing full financial disclosure, and getting the prenup done with enough time prior to the wedding. And whether or not you hire a lawyer is up to you, but it’s not mandatory. Protect your future today by having open and honest conversations with your future spouse! Happy planning!
Adalbert is experienced in all things family law. With over 25 years of professional experience including 4 years as a practicing lawyer, he is passionate about helping couples reach their goals within their prenup. He’s particularly passionate about helping couples get the best possible start to their marriage and set their marriage off on the right foot.He’s licensed in Florida, fluent in English and Spanish, and one of the founders and managing partners of Apfelbaum Martinez Law.
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