Is My Out-of-State Prenup Valid in Florida?

Florida is a popular destination for couples seeking low taxes, year-round warm weather, plentiful job opportunities, and a high standard of living. For these reasons, couples from other states continue to relocate to Florida. A common question we are asked is if a couple married in another state and has a prenuptial agreement from another state, is it valid in Florida?

A prenuptial agreement (aka “prenup”) is a contract that a couple signs before they wed that lays out how the couple would like to divide their assets and debts if they divorce in the future. Additionally, a prenup can detail how specific possessions can be divided, who takes ownership of any pets, if either spouse will pay each other alimony, and what happens to each other’s possessions in the event that one of them passes away. Many people erroneously believe that prenups are only for rich or famous people. In fact, a prenup can benefit many couples, especially if one or both members of the couple own their own business, have children from a previous relationship, have significant amounts of debt, or have a significant amount of assets.

In general, the Florida courts will uphold a prenup from another state that was legally valid at the time it was signed and does not contradict any Florida public policies. The only exception is if the prenup contains provisions about child support and timesharing. In that case, the courts will do what is in the best interest of the child rather than what the prenup lays out.

The tenants of a legally valid prenup are:

• The contract was signed by both parties and properly executed.
• It was not signed under duress or fraudulent circumstances.
• Each party must have received a full financial disclosure or waived their rights to one.

Even if the terms are unfair to one spouse, the courts can enforce the terms of the prenup. An option for couples who want to revisit the terms of their prenup (whether new to Florida or long-time residents) is to work with an attorney to create a postnuptial agreement. This agreement covers the same topics as a prenup but is written after the couple is already married.

The attorneys at Troy Legal are experts in family law, including prenuptial and postnuptial agreements. If you are concerned about the enforceability of your out-of-state prenup or would like to update your prenup with a postnuptial agreement, call Troy Legal for a free consultation.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.