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| Premarital Agreements |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
Orlando Divorce Attorney & Orange County Florida Divorce Lawyer
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Call the Wilson Law Firm Today at: (407) 648-5255
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Firm to speak with an Apopka divorce lawyer and Orange County Florida family law attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Apopka divorce lawyer and Orange County Florida family law attorney today. The Wilson Law Firm, P.L. © 2010
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Orange County Florida Divorce Attorney & Family Law Lawyer -
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Florida Statute 61.079 - Premarital agreements.
(1) SHORT TITLE.
This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings
under the Florida Family Law Rules of Procedure.
(2) DEFINITIONS.
As used in this section, the term:
(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of
marriage and to be effective upon marriage.
(b) “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in
real or personal property, tangible or intangible, including income and earnings, both active and passive.
(3) FORMALITIES.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other
than the marriage itself.
(4) CONTENT.
(a) Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and
wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security
interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of
any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this
state or a law imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
(5) EFFECT OF MARRIAGE.
A premarital agreement becomes effective upon marriage of the parties.
(6) AMENDMENT; REVOCATION OR ABANDONMENT.
After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed
by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
(7) ENFORCEMENT.
(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of
Procedure if the party against whom enforcement is sought proves that:
1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of
the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of
the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or
elimination causes one party to the agreement to be eligible for support under a program of public assistance at the
time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other
party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(8) ENFORCEMENT; VOID MARRIAGE.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is
enforceable only to the extent necessary to avoid an inequitable result.
(9) LIMITATION OF ACTIONS.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled
during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement,
including laches and estoppel, are available to either party.
(10) APPLICATION TO PROBATE CODE.
This section does not alter the construction, interpretation, or required formalities of, or the rights or obligations
under, agreements between spouses under s. 732.701 or s. 732.702.
___________________________________________________________
Please review the following Florida Statutes for some more information on Dissolutions of Marriage, Alimony,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 61.1826 - Procurement of services for State Disbursement Unit and the non-Title IV-D component of
the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce attorney and Apopka family law lawyer about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
(1) SHORT TITLE.
This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings
under the Florida Family Law Rules of Procedure.
(2) DEFINITIONS.
As used in this section, the term:
(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of
marriage and to be effective upon marriage.
(b) “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in
real or personal property, tangible or intangible, including income and earnings, both active and passive.
(3) FORMALITIES.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other
than the marriage itself.
(4) CONTENT.
(a) Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and
wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security
interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of
any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this
state or a law imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
(5) EFFECT OF MARRIAGE.
A premarital agreement becomes effective upon marriage of the parties.
(6) AMENDMENT; REVOCATION OR ABANDONMENT.
After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed
by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
(7) ENFORCEMENT.
(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of
Procedure if the party against whom enforcement is sought proves that:
1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of
the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of
the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or
elimination causes one party to the agreement to be eligible for support under a program of public assistance at the
time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other
party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(8) ENFORCEMENT; VOID MARRIAGE.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is
enforceable only to the extent necessary to avoid an inequitable result.
(9) LIMITATION OF ACTIONS.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled
during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement,
including laches and estoppel, are available to either party.
(10) APPLICATION TO PROBATE CODE.
This section does not alter the construction, interpretation, or required formalities of, or the rights or obligations
under, agreements between spouses under s. 732.701 or s. 732.702.
___________________________________________________________
Please review the following Florida Statutes for some more information on Dissolutions of Marriage, Alimony,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 61.1826 - Procurement of services for State Disbursement Unit and the non-Title IV-D component of
the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce attorney and Apopka family law lawyer about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
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| Orlando Divorce Lawyer |
The Law Firm handles Divorce and
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.