Are prenuptial agreements enforceable in Florida?

Florida is a UPAA jurisdiction, with statutory clarity favoring enforcement of properly drafted prenuptial agreements.

1. Governing Statute

Florida adopted the Uniform Premarital Agreement Act in 2007, codified at Fla. Stat. § 61.079. Older agreements may also be analyzed under Casto v. Casto, 508 So. 2d 330 (Fla. 1987).

2. Formality Requirements

The agreement must be in writing and signed by both parties (§ 61.079(3)). It is enforceable without consideration other than the marriage and becomes effective upon marriage (§ 61.079(4)).

3. Voluntariness

Under § 61.079(7)(a)(1), a party may avoid enforcement by proving the agreement was not executed voluntarily. Last-minute presentation, fatigue, lack of counsel, and emotional pressure are relevant facts; no statutory waiting period exists, but courts disfavor signings on the eve of the wedding.

4. Disclosure

§ 61.079(7)(a)(2) sets a three-part test: the agreement is unconscionable when executed AND, before execution, the party (i) was not provided a fair and reasonable disclosure, (ii) did not waive disclosure in writing, and (iii) did not have, or could not reasonably have had, adequate knowledge of the other's property and financial obligations.

5. Unconscionability

Unconscionability is a question of law for the court (§ 61.079(7)(b)). Florida follows the UPAA's conjunctive test — unconscionability alone, without the disclosure failure, will not invalidate the agreement.

6. What Cannot Be Waived

Child support and time-sharing cannot be adversely affected (§ 61.079(4)(b)). Florida expressly permits waiver of temporary and permanent alimony, equitable distribution, and rights upon death (§ 61.079(4)(a)).

7. Key Florida Case Law

Casto v. Casto (1987) controls pre-UPAA agreements. Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972) confirmed that the duty to support during marriage cannot be waived prospectively (separation-only restriction).

This is legal information, not legal advice.