Prenuptial Agreements in Florida: Validity, Disclosure, and Sunset Clauses

## Florida’s Statutory Framework

Florida has adopted the **Florida Uniform Premarital Agreement Act**, which governs agreements made in contemplation of marriage and effective upon marriage. A valid prenuptial agreement must be in writing and signed by both prospective spouses. No separate payment or exchange of consideration is required beyond the marriage itself.

Couples may address property ownership, management rights, responsibility for debts, disposition at separation or death, estate-planning obligations, life insurance, choice of law, and spousal support. They cannot use a contract to eliminate a child’s right to support, and custody arrangements remain subject to the child’s best interests when a dispute actually arises.

## Voluntariness

An agreement is vulnerable if it was not executed **voluntarily**. Courts look beyond whether a signature appears on the document. Relevant facts can include the time allowed for review, access to independent counsel, bargaining history, language proficiency, sophistication, threats, and whether the wedding was used as improper leverage.

Presenting a substantially new agreement immediately before a wedding increases litigation risk. It does not automatically invalidate the contract, but it can support a claim that meaningful choice was absent. A sound process begins well before the ceremony and records negotiations without creating needless pressure.

Each party should generally have separate counsel. A shared lawyer cannot loyally advise both people about competing rights. If someone declines counsel, the written record should show an informed opportunity to obtain independent advice.

## Unconscionability and Financial Disclosure

Under the statute, unconscionability at execution is not always enough by itself. A challenger generally must also establish the required disclosure-related conditions: lack of fair and reasonable disclosure, no voluntary written waiver of further disclosure, and inadequate knowledge of the other party’s property or obligations.

Effective disclosure should identify:

- Real estate and approximate equity; - Bank, brokerage, and retirement accounts; - Business interests and valuation information; - Material income sources; - Loans, guarantees, taxes, and contingent liabilities; and - Expected inheritances when contractually relevant.

Attaching schedules can reduce later disagreement about what was known. Precision matters more than false exactness; a reasonable range with supporting records may be more credible than an unexplained figure.

A written waiver of additional disclosure can be enforceable, but it should not be treated as permission to conceal assets or commit fraud. Deliberate misrepresentation can create separate grounds for challenge.

## Spousal Support and Public Assistance

A prenuptial agreement may modify or waive spousal support. However, if enforcement would make a spouse eligible for public assistance at separation or dissolution, a court may require support to the extent necessary to avoid that result. Drafting should also account for changes in law and the possibility that a waiver will be examined decades later.

## Sunset and Review Clauses

A **sunset clause** ends or changes some provisions after a specified anniversary. Couples may instead use step-up provisions that increase rights over time or require periodic review. The clause should state exactly what expires, whether accrued rights survive, and what happens if the parties never sign an anticipated amendment.

Derek Sandoval, Esq. recommends keeping signed originals, disclosure exhibits, counsel acknowledgments, and proof of the execution timeline. Post-marriage amendments must satisfy applicable formalities and should receive the same careful process. Enforceability is fact-specific, so both people benefit from independent advice before signing.