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Florida Prenuptial Agreement

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Florida at a glance: Financial Disclosure: Mandatory unless voluntarily waived in writing · Alimony Waivers: Allowed if not unconscionable at the time of enforcement · Governing Law: Fla. Stat. § 61.079

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Overview

Prenuptial Agreements in Florida

Florida prenuptial agreements are governed by the Uniform Premarital Agreement Act (Fla. Stat. § 61.079). To enforce a prenup in Florida, there must be a voluntary signing, and a full and fair financial disclosure must be provided at the time of execution.
Key Facts

Florida Prenuptial Agreement — Quick Reference

RequirementFlorida Rule
Financial DisclosureMandatory unless voluntarily waived in writing
Alimony WaiversAllowed if not unconscionable at the time of enforcement
Governing LawFla. Stat. § 61.079
Legal Requirements

Florida Legal Requirements

  • Must be in writing and signed by both prospective spouses.
  • Cannot be unconscionable when signed if fair financial disclosure was not provided.
Governing Laws

Florida Governing Laws

Fla. Stat. § 61.079
Uniform Premarital Agreement Act
Codifies Florida's statutory rules for premarital agreements.

Read the full text of these laws at Cornell Law School's Florida legal resources or your state legislature's official website.

Questions & Answers

Florida Prenuptial Agreement — Frequently Asked Questions

Will a Florida court enforce a waiver of temporary alimony?

No. Florida courts hold that temporary alimony (support paid during the divorce proceedings) cannot be waived in a prenuptial agreement.