Florida Statute 61.079 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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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.

(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.

History.—s. 1, ch. 2007-171.

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Amendments to 61.079

Annotations, Discussions, Cases:

Cases Citing Statute 61.079

Total Results: 4 | Sort by: Relevance | Newest First

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Dianne L. Hahamovitch n/k/a Dianne Lynn Hahamovitch v. Harry H. Hahamovitch, 174 So. 3d 983 (Fla. 2015).

Cited 4 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 477, 2015 Fla. LEXIS 1896, 2015 WL 5254280

...protected assets.2 However, because the broad language in the prenuptial agreement includes a waiver and release of all rights and claims to the other spouse’s nonmarital property, we disagree. Chapter 61, Florida Statutes, governs the dissolution of marriage. Section 61.079(4)(a) provides that “[p]arties to a premarital agreement may contract with respect to ....

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Paul Evan Bates v. Magda Jhovanna Bates (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...egal analysis employed therein applies to prenuptial agreements as well. See Waton, 887 So. 2d at 423 n.1. Effective October 1, 2007, the grounds for invalidating a prenuptial agreement outlined by the Florida Supreme Court in Casto were codified in section 61.079(7) of the Florida Statutes....

...uires the challenging spouse to establish “fraud, duress, coercion, mispresenting or over-reaching.” Casto v. Casto, 508 So. 2d 330, 333 (Fla. 1987) (citations omitted). The second ground has to do with unreasonableness. Id.; see also § 61.079(7)(a) (setting forth grounds under which a premarital agreement is not enforceable)....

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Paul Evan Bates v. Magda Jhovanna Bates (Fla. 3d DCA 2022).

Published | Florida 3rd District Court of Appeal

...5th DCA 2014). IV. ANALYSIS It is well-settled in Florida that parties contemplating marriage may settle their property rights by a nuptial agreement. See, e.g., Del Vecchio v. Del Vecchio, 143 So. 2d 17, 19 (Fla. 1962); see also § 61.079, Fla....

...or promote the procurement of a divorce will be declared illegal as contrary to public policy.”). In addition, in 2007, the Florida Legislature adopted the Uniform Premarital Agreement Act, which explicitly permits premarital agreements between prospective spouses. See § 61.079, Fla....

...509, 513 (Fla. 1938)). There are “two ways an otherwise enforceable nuptial agreement may be held invalid.” Lashkajani v. Lashkajani, 911 So. 2d 1154, 1157 (Fla. 2005) (citing Casto v. Casto, 508 So. 2d 330, 333 (Fla. 1987)); see also § 61.079(7)(a) (setting forth grounds under which a premarital agreement is not enforceable)....

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Marilyn M. Wilson v. Gregory P. Wilson, as Tr. of the Paul C. Wilson Living Trust & as Pers. Rep. of the Est. of Paul C. Wilson (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...The creation of the trust agreement could not modify the prenuptial agreement since it was not signed by both parties as required by the prenuptial agreement. The controlling Florida Statute also states that modification of a prenuptial agreement is valid only if signed by both parties. See § 61.079(6), Fla....

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