Creating a Fort Lauderdale Prenuptial Agreement: What You Can (and Can’t) Include

The spring and summer months are popular times for Fort Lauderdale couples to get married, and creating a prenuptial agreement is one of the most practical steps you can take before saying “I do.” It provides clarity on premarital assets and debts, encourages open communication about financial matters, and helps protect each party in the event of the unexpected.

However,  a prenup is only as strong as its contents. Our experienced Fort Lauderdale prenuptial and postnuptial agreements lawyer provides trusted guidance to couples in these cases and explains what you can (and can’t) include.

What You Can Include in a Fort Lauderdale Prenuptial Agreement

Florida’s Uniform Premarital Agreement Act gives engaged couples broad flexibility in crafting a prenuptial agreement. To be valid, it needs to be in writing and signed by both parties, preferably well before the wedding.

Under Florida Statute Section 61.079(4), a Fort Lauderdale prenuptial agreement can address a wide range of financial matters, including:

• How property owned before the marriage will be classified, managed, and divided if the marriage ends.
• How other assets and debts get divided.
• Whether one spouse will pay alimony, and if so, in what amount and for how long.
• Ownership rights in life insurance death benefits.
• Estate planning arrangements, including the creation of trusts or provisions in a will designed to carry out the terms of the agreement.
• Whether to classify future business interests or income streams as separate or marital property.

One important distinction from many other states is that Florida allows couples to waive alimony in a prenuptial agreement. However, you can’t waive temporary alimony, which helps to level the playing field during Fort Lauderdale divorce proceedings.

What a Fort Lauderdale Prenuptial Agreement Cannot Include

Florida law places firm limits on what a prenuptial agreement can address. The Broward County Family Court will not enforce provisions that violate public policy or Florida law, regardless of what the parties agreed to before the wedding.

Understanding these boundaries is just as important as knowing what you can include. A Fort Lauderdale prenuptial agreement cannot:

• Waive or reduce child support.
• Predetermine child custody or time-sharing arrangements.
• Include provisions that are unconscionable and grossly unfair to one party.
• Contain terms that incentivize divorce or encourage either party to dissolve the marriage.

A prenup signed under fraud, duress, or coercion is not enforceable. Broward County Family Court judges also carefully scrutinize agreements that fail to provide full financial disclosure or leave one spouse significantly worse off.

Consult Our Experienced Fort Lauderdale Prenuptial Agreement Lawyer

Creating a Fort Lauderdale prenuptial agreement before getting married can provide clarity, peace of mind, and legal protection for both parties. However, it’s important to understand what you can and can’t include.

At Vanessa L. Prieto Law Offices, we provide the trusted, experienced legal guidance you need to ensure your prenup is thorough, fair, and enforceable. Call or contact us online today to schedule a consultation with our Fort Lauderdale prenuptial and postnuptial agreements lawyer.

Sources:

flsenate.gov/Laws/Statutes/2024/61.079

flsenate.gov/Laws/Statutes/2023/61.08