Six Things to Know Before Drafting a Premarital Agreement in Florida
Planning a wedding is an exciting time! While there are many things to consider, don’t forget about a premarital agreement, also known as a prenup. Many once believed these legal documents were only for celebrities or the extremely wealthy. In fact, this is not true. Many people are starting to see the many benefits premarital agreements offer to both spouses and are making sure they are in place before the wedding. Below, our Florida prenuptial agreement attorney explains the important things you need to know about these documents.
Florida Follows the Uniform Premarital Agreement Act
Like most states, Florida follows the Uniform Premarital Agreement Act (UPAA). This Act allows the law on premarital agreements to be kept the same across all states that follow it. The UPAA only requires that the agreement be in writing and signed by both parties, without requiring witnesses or notarization for its validity. However, under Florida law, there are specific circumstances in which a prenuptial agreement must be signed by witnesses.
If the agreement includes provisions related to the conveyance of real estate creating an estate for a term of more than one year, it must comply with Fla. Stat. § 689.01, which requires the signatures to be witnessed by two subscribing witnesses. Additionally, if the agreement involves a promise to make or refrain from making a will, or to give or not revoke a devise, it must be witnessed and attested to by two persons as per Fla. Stat. § 732.701 . Both parties must also provide full financial disclosure. Complying with these requirements can ensure the agreement is enforced and help avoid future disputes.
A Prenup Can Override Equitable Distribution Laws
Florida is an equitable distribution state, so marital property in a divorce is generally divided equally. However, a premarital agreement can override these laws, allowing you and your partner to decide on property division. As long as the agreement’s provisions are fair and reasonable, they will be upheld by the court.
Draft the Agreement at Least One Month Before the Wedding
Again, this is not a legal requirement, but it is highly recommended that you and your partner draft and sign the agreement at least one month before the wedding. This can avoid questions regarding the fairness and voluntary nature of these agreements. Drafting and signing a prenup just before a wedding can lead to questions of duress and potentially void the agreement.
Prenups Must Be Fair
For a prenup to be enforceable, fairness is essential; it shouldn’t heavily favor either party. This doesn’t mean provisions need to be perfectly balanced, but one person shouldn’t waive all their rights while the other doesn’t. Both parties should derive benefits from the agreement.
You Cannot Include Certain Provisions
Premarital agreements mainly address the financial aspects of marriage and divorce. You cannot include any provisions regarding children, such as child support or custody matters. Prenups also cannot include any provision that violates the law or public policy. You also cannot include issues regarding personal rights or obligations, such as which spouse will be responsible for household chores.
You Should Work with a Prenuptial Agreement Attorney in Florida
Many people think they do not need legal advice when drafting a prenuptial agreement. While it is not a legal requirement, having legal representation will ensure that your agreement is executed properly and will be enforced, if ever needed. If you are getting married, call our Tampa prenuptial agreement attorney at Florida Law Advisers, P.A. at 1 (800) 990-7763 or contact us online to request a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
