Mulder Law | Prenuptial Agreements in Florida
In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), which establishes the requirements and guidelines for the enforceability of such agreements. Here are some key points about prenuptial agreements in Florida:
Voluntary Agreement: A prenuptial agreement must be entered into voluntarily by both parties without coercion, duress, fraud, or undue influence.
Full Disclosure: Both parties must make a full and fair disclosure of their assets, debts, income, and financial obligations before entering into the agreement. Failure to disclose material information could render the agreement unenforceable.
Content: Prenuptial agreements in Florida can address various financial matters, including the division of property, spousal support (alimony), and other financial rights and obligations during marriage and in the event of divorce or death.
Child Support: While prenuptial agreements can address financial matters related to children from previous relationships, they cannot determine child support obligations. Child support is determined based on the best interests of the child at the time of divorce or separation.
Enforceability: To be enforceable, a prenuptial agreement must be in writing and signed by both parties before the marriage takes place. It's also advisable for both parties to have independent legal counsel to ensure that their rights and interests are protected.
Fairness: Courts will generally uphold prenuptial agreements in Florida as long as they are fair and reasonable at the time of execution and not unconscionable (grossly unfair) at the time of enforcement.
Modification: Prenuptial agreements can be modified or revoked after marriage, but any changes must be made in writing and signed by both parties.
Application to the I-864 Affidavit of Support: The prenuptial agreement does not protect a sponsor from responsibility to support the LPR beneficiary at 125% of the federal poverty guideline as established by the Social Secuirty Administration on an annual basis. The support responsibility remains until one of the 5 events that terminate the contract occur. The prenuptial agreement can limit the liability to no more than the support required under the I-864 contract. Secondly, there is offset to the liability that can be determined on a case-by-case basis.
It's essential to consult with a qualified attorney who specializes in family law in Florida if you are considering a prenuptial agreement or have questions about an existing agreement. Kyndra L Mulder, Esquire can provide guidance on drafting, reviewing, and enforcing prenuptial agreements based on your specific circumstances and the laws of Florida.
