Download Florida Prenuptial Agreement Form [PDF]" width="1190" height="1540" />Determine your financial relationship with your future spouse by drafting the Florida prenuptial agreement using our specially designed template.
Customized for Florida This document may be legally binding in Florida according to your state specific regulations.
Download Florida Prenuptial Agreement Form [PDF]" width="1190" height="1540" />
The Florida prenuptial agreement is a legal document that defines the financial relationship between the future spouses. The prenuptial agreement form is mostly used when one or both of the future spouses have certain assets that they want to keep as individual property after entering the marriage.
Besides that, the spouses can use the prenup agreement to determine how the marital property will be managed and define each spouse's rights and obligations regarding the marital property. Therefore, the spouses can use the prenuptial agreement after marriage, but they can also use it to define financial matters during the marriage.
Section 61.079 of the Florida Statutes, also called the “Uniform Premarital Agreement Act,” regulates the status of the Florida prenuptial agreement.
According to the state law, “premarital agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
It also defines property as “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.”
The prenuptial agreement must be in written form. The state law also requires both parties to the agreement to sign the document.
The parties should also sign the document in front of the notary public, despite state law not explicitly requiring it. The notary will identify the parties to the prenuptial agreement and acknowledge that they have personally signed the document.
In this way, the notary will further confirm the authenticity of the document and prevent any potential disputes and fraudulent activities.
Even though the parties have signed the prenuptial agreement, the court might declare it unenforceable if one of the parties proves that:
Moreover, the prenuptial or premarital agreement can change or remove the financial support one spouse should receive from the other in case of a divorce, and because of that change, the person becomes eligible for the public assistance program.
If that happens, the court can decide that the other spouse must provide financial assistance regardless of the prenuptial agreement.
The prenuptial agreement template can cover different kinds of provisions depending on the matters the parties want to regulate.
Therefore, the parties can regulate:
However, matters connected to child support cannot be affected by the prenuptial agreement.
First of all, the prenuptial agreement must be in line with the basic requirements regarding the formality of the document. This implies that any agreement that is not in writing and signed by both parties is void.
Additionally, the validity of the prenuptial agreement is connected to the validity of the marriage. If the marriage is declared void, the prenuptial agreement will be enforceable only to the extent necessary to avoid an inequitable result.
