Florida: A
Statutes
Florida Statute § 61.079 - Uniform Premarital Agreement Act
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at signing, not at enforcement. Changed circumstances during marriage will not invalidate a valid prenup.
Unconscionability Standard
A prenup is invalid only if unconscionable at execution AND signed without fair financial disclosure (or written waiver) AND the challenging party lacked knowledge of the other's finances. All three required—unconscionability alone insufficient. Even highly one-sided agreements are upheld.
Spousal Support Public Assistance Minimum
Complete waivers of spousal support are enforceable. However, courts may override the waiver only if it would make one party eligible for public assistance at divorce.
Timing
Courts have upheld prenups signed close to weddings when negotiated over months, but Florida recommends signing a minimum of 30 days prior to the wedding. We recommend signing 60+ days before the wedding with 2-3 weeks review time to reduce challenge risk. Reach out to an attorney 4-6 months before the wedding with your PerfectPrenup.
Independent Counsel
Not required if waived in writing. However, independent counsel dramatically strengthens enforceability if challenged.
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required, or can be waived in writing (both included).
High Burden to Challenge
Only three defenses allowed: involuntary execution, fraud/duress/coercion/overreaching, or unconscionability with inadequate disclosure. Equitable defenses (laches, estoppel) remain available. Challenging party bears the burden of proof.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015)
Florida Supreme Court holds broad prenuptial language waiving "all rights and claims" to spouse's property encompasses assets acquired during marriage and appreciation without specifically mentioning earnings or enhanced value; establishes Florida's strong pro-enforcement approach.
Felice v. Felice, 188 So. 3d 224 (Fla. 2d DCA 2016)
Applying Hahamovitch, court held prenup stating husband "entitled to any and all equity" in premarital home waives wife's claim to $197,226 appreciation; broad waiver language encompasses enhanced value without specific mention.
Kellar v. Estate of John W. Kellar, 257 So. 3d 1044 (Fla. 4th DCA 2018)
Prenuptial agreements enforced as contracts in probate; decedent can change will despite prenup requiring bequest to spouse, but breach creates enforceable contract claim against estate.
Famiglio v. Famiglio, 268 So. 3d 980 (Fla. 2d DCA 2019)
Prenups interpreted using contract principles with plain meaning; "a petition for dissolution" means first petition filed, not any later petition, preventing manipulation of alimony calculations through strategic filing and dismissal.
Estate of Geannopulos v. Geannopulos (Fla. 4th DCA 2019)
Prenups can only be modified by written agreement signed by both parties per § 61.079(6); unilateral actions like trust provisions cannot modify prenuptial waivers (elective share waiver remained enforceable despite husband's trust).
Francavilla v. Francavilla, 969 So. 2d 522 (Fla. 4th DCA 2007)
Prenuptial agreement upheld despite wife's claims of duress where parties negotiated terms for months with attorneys, husband provided financial disclosure, and agreement was fair when measured by circumstances at time of execution.
Waton v. Waton, 887 So. 2d 419 (Fla. 5th DCA 2004)
Prenuptial agreement enforced where wife received agreement two weeks before wedding, husband disclosed terms and assets beforehand, agreement contained financial information, and no duress was proven despite wife's lack of independent counsel.