Prenuptial Agreements Under Florida Law
For couples planning to get married in Orlando and throughout Central Florida, conversations about prenuptial agreements often feel uncomfortable—but they are an important part of protecting your future. Florida law provides specific requirements for prenuptial agreements, and understanding how they apply locally can help couples make informed decisions before marriage.
In most cases, when we decide to get married, we feel in love and have a genuine desire to share the rest of our life with that loved one. The possibility that, at some point, that romantic relationship could end doesn’t cross our minds. For this reason, it is very difficult to ask a future spouse to sign a prenuptial agreement in which you can determine prior to the marriage how you and your future spouse will resolve financial matters in the event of a break in the marriage. That turns out to be a very unromantic request, but believe me, it is very necessary!!!
A prenuptial agreement is a contract between two people before they get married. Its purpose is to define the rights, benefits, responsibilities, and obligations of each spouse, resolving in advance matters such as the division of assets, alimony, and the distribution of inheritance in the event that the marriage ends due to death, separation, or divorce. It also allows both spouses to protect the assets they had acquired before the marriage.
In the absence of a prenuptial agreement, applicable Florida law will determine how the disputes—ones that will surely arise after the separation or divorce—are going to be resolved, just like after the death of either spouse. Couples who choose to make a prenuptial agreement will be able to decide in advance and in detail how the potential future disputes will be resolved.
In Florida, including here in Orlando and the surrounding Central Florida area, prenuptial agreements are required by law to be in writing and signed by both parties. To be valid, the agreement must be entered into voluntarily by its grantors. The future spouses must disclose information about their assets and financial obligations to each other at the time of signing the deal. Florida law is specific about what may be included in the agreement. For this reason, it is important that you seek legal advice before drafting the document, and in this way, it does not jeopardize its validity. It is important to note that a prenuptial agreement can be modified once the parties are married if both agree to the modification.
In my opinion, in a society where some estimate that 55% of marriages end in divorce, the prenuptial agreement is a real necessity. For those who create a prenuptial agreement, countless lawsuits and headaches are avoided, both for them and their loved ones.
If you are contemplating marriage and live in Orlando or the surrounding Central Florida area, contact our office for a free initial consultation. We can help you create a prenuptial agreement that complies with Florida law and protects your interests, without unnecessary conflict or stress.
Prenuptial Agreements in Orlando, Florida
Our office regularly assists engaged couples in Orlando, Winter Park, Lake Nona, and surrounding Central Florida communities with prenuptial agreements tailored to Florida law.
If you want to learn more about our Family Legal Services you can visit our Family Law Hub at this link