A prenuptial agreement in Florida is governed by the Florida Premarital Agreement Act, which establishes what these agreements can and cannot address. Parties may contract around property rights, spousal support, and disposition of assets at death. Child support and custody arrangements cannot be predetermined by a prenuptial agreement, as those matters remain subject to court review based on circumstances at the time they arise.
For a prenuptial agreement to be enforceable in Florida, it must be executed voluntarily and with full financial disclosure from both parties. An agreement signed under duress or based on incomplete information is vulnerable to challenge. Brodzki Jacobs drafts prenuptial agreements for Fort Myers clients that are structured to withstand scrutiny. If you are approaching a marriage and want to address these questions properly, contact the firm before the wedding date is close.
