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Florida Law on Prenuptials

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:

  1. The complaining party did not execute (sign) the agreement voluntarily.
  2. The complaining party can show that the agreement was a result of fraud, coercion, or overreaching.
  3. 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:
    1. Was not provided with a fair and reasonable disclosure of the property of financial obligations of the other party; and,
    1. 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,
    1. Did not have or reasonable could not have had an adequate knowledge of the property of financial obligations of the other party.
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