Florida adopted the Uniform Premarital Agreement Act in 2007 and it is found a Fla. Stat. 61.079. In Summary as follows:
A premarital agreement is required to be in writing and signed by both parties.
The Agreement allows the parties to address al substantive rights. It provides that after marriage, a premarital agreement may only be amended, revoked, or abandoned, by a written agreement signed by both parties.
A premarital agreement identifies the basis under which a premarital agreement is not enforceable, which are as follows:
- The complaining party did not execute (sign) the agreement voluntarily.
- The complaining party can show that the agreement was a result of fraud, coercion, or overreaching.
- The complaining party can show that the agreement was unconscionable when it was executed (at the time of signing) and before execution of the agreement the complaining party:
- Was not provided with a fair and reasonable disclosure of the property of financial obligations of the other party; and,
- Did not voluntarily and expressly waive in writing any right to disclosure of the property of financial obligations of the other party beyond the disclosure provided; and,
- Did not have or reasonable could not have had an adequate knowledge of the property of financial obligations of the other party.