As more and more people are getting married in Florida, there is an increasing interest in premarital agreements. A premarital agreement, also known as a prenuptial agreement, is a written contract between two people who are planning to get married. This agreement outlines how property will be divided in the event of a divorce or separation.

In Florida, premarital agreements are governed by the Florida Premarital Agreement Statute. This statute outlines the requirements for a valid premarital agreement and the circumstances under which such agreements can be enforced.

The Florida Premarital Agreement Statute requires that premarital agreements be signed by both parties before the marriage takes place. The agreement must be in writing and must be voluntarily signed by both parties. Additionally, the agreement must be fair and reasonable at the time it is signed. If a party did not have the opportunity to read the agreement or was coerced into signing it, the agreement may not be upheld in court.

Under the Florida Premarital Agreement Statute, premarital agreements can address many different issues. For example, the agreement can specify how property will be divided in the event of a divorce, how alimony will be calculated, and even how debts will be handled. However, premarital agreements cannot be used to determine child custody or child support.

If a premarital agreement meets the requirements under the Florida Premarital Agreement Statute, it will be enforced by the courts. However, if the agreement is found to be unfair or unreasonable at the time of enforcement, it may not be upheld.

In conclusion, if you are considering a premarital agreement in Florida, it is important to understand the requirements under the Florida Premarital Agreement Statute. A properly executed premarital agreement can provide peace of mind and help avoid future disputes in the event of a divorce. If you have any questions about premarital agreements or the Florida Premarital Agreement Statute, it is advisable to consult with a qualified attorney.