Are Post-Nuptial agrreements legal in Florida?
October 1, 2007, Florida adopted a version of the Uniform Premarital Agreement Act (UPAA). Florida Statute § 61.079 is a prospective statute and only applies to those prenuptial agreements drafted after October 1, 2007. Florida’s version of the UPAA deals only
with premarital agreements. It does not have any effect upon Marital Settlement Agreements and Post-Nuptial Agreements.
Post-nuptial agreements are enforceable in Florida on a case-by-case basis. The law regarding the validity and enforcement of postmarital agreements is not well developed.A married couple is often held to a higher standrd of fairness than a couple entering into a premarital
agreement. Key criteria for validity of the agreements include: full disclosure of assets, absence of duress, and fairness. When drafting a postmarital agreement, it is recommended that the parties state in writing why they are entering into the agreement and to be sure the
agreement is fair for both parties.