Prenuptial Agreements

Florida Prenuptial Agreements

Protecting folks with money

We can create the prenup, we can fight to uphold the prenup, or we can challenge the validity of a prenup.

Orlando based family lawyer Heiko Moenckmeier practices in Deland, Deltona, Daytona, Cocoa, Melbourne, Seminole County, Sanford, Lake Mary, Winter Park, Orlando, Kissimmee, and Lake County Tavares. He has been doing Family Law since 2009 and has the experience to understand his clients needs while helping frame that around the Law. He offers affordable rates and payment plans to his clients and knows that money doesn’t grow on trees in this economy.

Florida Prenuptial Agreements, also called ‘premarital agreements’ or ‘prenups’ – a taboo, but a document that can potentially save you thousands (or millions) of dollars if your marriage turns sour. The issues surrounding prenuptial agreements tend to arise in whether a) it is enforceable and b) whether it’s valid. Should you have questions regarding Florida prenuptial agreements, please contact attorney Heiko Moenckmeier at 407.504.1384 to schedule a consultation to discuss either creating a prenuptial agreement or fighting a prenuptial agreement.

In Florida, a family friend attorney may suggest to a well-off party considering marriage that they need to ‘maybe get a prenup,’ in order to protect their assets.

A Florida pre-marital agreement is a contract used to settle property and asset distribution should a divorce arise. We can draft you a prenuptial agreement that caters to your particular needs.

Prenuptial Agreements are good for:

  • People owning assets they want to protect should a divorce occur
  • People with children from prior relationships that they would like to protect their inheritances
  • People seeking to protect and keep separate, business interests
  • People looking to settle alimony issues up front

Prenuptial Agreements CANNOT:

  • Pre-determine timesharing of any minor children, and;
  • Pre-determine child support.

You can also not contract away any child support because child support belongs to the child, and the parents are trustees of that money. Child support is based on the factors of the Child Support Guidelines while time-sharing of the children are based on the ‘Best Interest of the Child.

There are several prenuptial issues that you need to be aware of both on the front end or the back end:
  • You can’t sign it on the courthouse steps.
  • You can’t be forced to sign it.
  • You can’t be conned into signing it
  • You can’t be under duress when signing it
  • You can’t be under the influence of any drugs or alcohol
  • The terms can’t be unconscionable unreasonable and unfair (legally invalid)

The applicable Florida Statute is 61.079

61.079 Premarital agreements. —
  • (1) SHORT TITLE. — This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings under the Florida Family Law Rules of Procedure.
  • (2) DEFINITIONS. — As used in this section, the term:
    • (a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
    • (b) “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.
  • (3) FORMALITIES. — A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.
  • (4) CONTENT.
    • (a) Parties to a premarital agreement may contract with respect to:
      • 1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
      • 2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
      • 3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
      • 4. The establishment, modification, waiver, or elimination of spousal support;
      • 5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
      • 6. The ownership rights in and disposition of the death benefit from a life insurance policy;
      • 7. The choice of law governing the construction of the agreement; and
      • 8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
    • (b) The right of a child to support may not be adversely affected by a premarital agreement.
  • (5) EFFECT OF MARRIAGE. — A premarital agreement becomes effective upon marriage of the parties.
  • (6) AMENDMENT; REVOCATION OR ABANDONMENT. — After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
    • (a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:
      • 1. The party did not execute the agreement voluntarily;
      • 2. The agreement was the product of fraud, duress, coercion, or overreaching; or
      • 3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
        • a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
        • b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
        • c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
    • (b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
    • (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
  • (8) ENFORCEMENT; VOID MARRIAGE. — If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • (9) LIMITATION OF ACTIONS. — Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
  • (10) APPLICATION TO PROBATE CODE. — This section does not alter the construction, interpretation, or required formalities of, or the rights or obligations under, agreements between spouses under s. 732.701 or s. 732.702.