FLORIDA PREMARITAL AGREEMENT
(Draft Template – Court-Ready)
[// GUIDANCE: This template is drafted to comply with the Florida Uniform Premarital Agreement Act (“FUPAA”), Fla. Stat. § 61.079. Customize all bracketed placeholders and review all provisions for client-specific facts before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Separate Property
3.2 Marital Residence
3.3 Marital Property & Equitable Distribution Waiver
3.4 Management & Control of Property
3.5 Debts & Liabilities
3.6 Spousal Support
3.7 Estate Planning & Death Benefits
3.8 Tax Matters - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
7.1 Mutual Indemnification
7.2 Limitation of Liability
7.3 Insurance
7.4 Force Majeure - Dispute Resolution
- General Provisions
- Execution Block
- Schedules
1. DOCUMENT HEADER
1.1 Title and Parties
THIS PREMARITAL AGREEMENT (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Execution Date”) by and between:
• [FULL LEGAL NAME OF PARTY A], an individual with a principal residence at [ADDRESS] (“Party A”); and
• [FULL LEGAL NAME OF PARTY B], an individual with a principal residence at [ADDRESS] (“Party B,” and together with Party A, each a “Party” and collectively the “Parties”).
1.2 Recitals
A. The Parties contemplate a lawful marriage in the State of Florida on or about [ANTICIPATED WEDDING DATE] (the “Marriage”).
B. Each Party desires to establish his or her respective rights and obligations in the property of either or both of them, whenever and wherever acquired, and to provide for the disposition of such property upon separation, dissolution, death, or other event as specified herein.
C. The Parties acknowledge that this Agreement is executed voluntarily, upon full and fair disclosure (or written waiver thereof) of each Party’s financial circumstances, and with an opportunity to consult independent legal counsel.
D. The Parties intend that this Agreement be governed by and construed in accordance with the Florida Uniform Premarital Agreement Act, Fla. Stat. § 61.079, and other applicable Florida law.
NOW, THEREFORE, in consideration of the upcoming Marriage and the mutual covenants herein, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Definitions apply equally to singular and plural forms.
“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with that Party.
“Applicable Law” means all constitutions, statutes, regulations, and judicial decisions of any governmental authority with jurisdiction, including Fla. Stat. § 61.079.
“Marital Property” has the meaning assigned in Section 3.3.
“Separate Property” has the meaning assigned in Section 3.1.
“Schedules” means the disclosure schedules attached hereto as Schedule A (Party A’s Statement of Assets & Liabilities) and Schedule B (Party B’s Statement of Assets & Liabilities).
“Termination Event” means (i) dissolution of the Marriage, (ii) entry of a final judgment of annulment, or (iii) death of either Party.
[// GUIDANCE: Add additional defined terms as needed for complex asset structures.]
3. OPERATIVE PROVISIONS
3.1 Separate Property
(a) Classification. All assets and income owned or acquired by either Party before the Marriage, together with all appreciation, reinvestments, and proceeds thereof, shall be the “Separate Property” of that Party.
(b) Documentation. Each Party shall maintain records sufficient to trace Separate Property. Failure to do so shall not convert Separate Property into Marital Property but may shift the burden of proof in any dispute.
(c) Control. Each Party retains sole management and control over his or her Separate Property.
3.2 Marital Residence
(a) Intended Residence. The Parties anticipate residing at [ADDRESS OR “to be determined”]. Title shall be held as [tenants by the entirety / joint tenants with right of survivorship / one Party’s sole name].
(b) Disposition on Termination Event. Upon a Termination Event, the Marital Residence shall be:
(i) sold on the open market with net proceeds divided [PERCENTAGE SPLIT]; or
(ii) distributed pursuant to a mutually agreed buy-out formula: [INSERT BUY-OUT TERMS].
3.3 Marital Property & Equitable Distribution Waiver
(a) Definition. “Marital Property” means any property acquired jointly by the Parties during the Marriage consistent with Fla. Stat. § 61.075, except as otherwise designated herein as Separate Property.
(b) Waiver. Each Party irrevocably waives and relinquishes any and all rights to equitable distribution of the other Party’s Separate Property upon dissolution, including any appreciation or income therefrom, to the maximum extent permitted by Applicable Law.
3.4 Management & Control of Property
Except as expressly provided herein, each Party may, without limitation, buy, sell, exchange, lease, invest, or otherwise manage his or her Separate Property, free from any claim by the other Party.
3.5 Debts & Liabilities
(a) Pre-Marital Debts. Each Party shall be solely responsible for debts incurred prior to the Marriage, as reflected on the Schedules.
(b) Marital Debts. Debts incurred jointly during the Marriage shall be allocated [EQUAL / PRO-RATA / OTHER] unless otherwise agreed in writing.
(c) Indemnification. See Section 7.1.
3.6 Spousal Support
(a) Waiver. Each Party voluntarily and knowingly waives any right to temporary, rehabilitative, bridge-the-gap, durational, or permanent alimony from the other Party, except as expressly provided in Section 3.6(b).
(b) Exception. Notwithstanding the foregoing, if enforcement of the waiver would render a Party eligible for public assistance, the court may require the wealthier Party to provide support sufficient to avoid such eligibility, as permitted by Fla. Stat. § 61.079(8).
3.7 Estate Planning & Death Benefits
(a) Elective Share. Each Party waives all rights to an elective share, intestate share, pretermitted spouse share, homestead, family allowance, exempt property, and any statutory allowances in the estate of the other Party.
(b) Life Insurance. Each Party may, but is not obligated to, maintain life insurance naming the other as beneficiary in an amount of [AMOUNT OR “N/A”].
(c) Cooperation. The Parties shall execute all ancillary estate planning instruments necessary to effectuate this Agreement.
3.8 Tax Matters
(a) Filing Status. The Parties shall determine annually whether to file joint or separate federal and state income tax returns, taking into account tax efficiency and mutual benefit.
(b) Tax Liabilities. Joint tax liabilities shall be allocated in proportion to the Parties’ respective taxable income for the year in question, unless the liability arises solely from one Party’s Separate Property or actions.
4. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants to the other as of the Execution Date and the date of the Marriage:
4.1 Capacity. The Party is at least eighteen (18) years of age, not under any disability, and has legal capacity to enter into this Agreement.
4.2 Voluntariness. The Party executes this Agreement freely, voluntarily, and without duress, undue influence, or coercion.
4.3 Full Disclosure. The Party has made a full, fair, and reasonable disclosure of assets, liabilities, and income as reflected on the Schedules, OR has voluntarily and expressly waived such disclosure in writing.
4.4 Independent Counsel. The Party has had a reasonable opportunity to consult independent legal counsel of his or her choosing and either (i) has done so, or (ii) knowingly and voluntarily waives the right to do so.
4.5 Accuracy of Schedules. The information contained in the Schedules is materially accurate and complete.
4.6 No Conflicting Obligations. The execution and performance of this Agreement will not violate any other agreement or court order binding on the Party.
[// GUIDANCE: Add survival language below if desired.]
5. COVENANTS & RESTRICTIONS
5.1 Ongoing Disclosure. Each Party shall promptly disclose any material change in financial condition exceeding $[THRESHOLD] during the engagement period.
5.2 Confidentiality. Except as required by law or court order, the Parties shall keep the terms of this Agreement and the Schedules confidential.
5.3 Further Assurances. Following the Marriage, the Parties shall execute and deliver any additional documents reasonably necessary to carry out the intent of this Agreement.
5.4 Notice & Cure. A Party alleging breach shall give written notice specifying the nature of the breach and a thirty (30)-day cure period before seeking remedies.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any of the following constitutes a default:
(a) Material misrepresentation in or omission from the Schedules;
(b) Failure to perform any material covenant after expiration of the cure period;
(c) Filing of a voluntary or involuntary bankruptcy petition that materially affects obligations hereunder.
6.2 Remedies. Upon default, the non-defaulting Party may seek:
(a) Specific performance or injunctive relief;
(b) Monetary damages limited by Section 7.2;
(c) Reformation or equitable relief as the court deems just.
6.3 Attorneys’ Fees. The prevailing Party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates from and against any loss, cost, or expense arising out of (i) breach of this Agreement, or (ii) misrepresentation in the Schedules.
7.2 Limitation of Liability
Except for fraud or willful misconduct, neither Party shall be liable for consequential, exemplary, or punitive damages under this Agreement, and total liability shall not exceed the greater of (a) the value of the property at issue, or (b) $[CAP AMOUNT].
7.3 Insurance
The Parties shall maintain homeowners, automobile, and umbrella liability insurance in commercially reasonable amounts during the Marriage.
7.4 Force Majeure
No Party shall be liable for delayed performance caused by events beyond that Party’s reasonable control, including natural disasters, war, or governmental acts, provided the affected Party gives prompt notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles.
8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the [COUNTY] County Circuit Court, Family Law Division, State of Florida (the “Family Court”).
8.3 Limited Arbitration.
(a) Scope. The Parties may elect binding arbitration under the Florida Arbitration Code solely for disputes related to classification or valuation of property; issues of child custody or child support are expressly excluded.
(b) Procedure. Arbitration shall be conducted by a single arbitrator mutually selected by the Parties. If unable to agree, the arbitrator shall be appointed by the Family Court.
(c) Enforcement. Judgment on an arbitration award may be entered by the Family Court.
8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent injunctive relief, including specific performance.
8.5 Jury Trial Waiver. To the extent a jury trial might otherwise be available, the Parties knowingly waive such right for any dispute arising under this Agreement, acknowledging that family-law matters in Florida are generally triable without a jury.
9. GENERAL PROVISIONS
9.1 Amendments. This Agreement may be amended only by a written instrument signed by both Parties and notarized.
9.2 Waiver. No waiver of any provision shall be effective unless in writing. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.
9.3 Assignment. Neither Party may assign or delegate any rights or obligations under this Agreement without the prior written consent of the other Party.
9.4 Successors & Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, legal representatives, and permitted assigns.
9.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve the Parties’ intent.
9.6 Integration. This Agreement, including the Schedules, constitutes the entire agreement of the Parties with respect to the subject matter and supersedes all prior oral or written agreements.
9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile shall be deemed original signatures.
9.8 Headings. Section headings are for convenience only and shall not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Execution Date set forth above, intending to be legally bound.
| Party A | Party B |
|---|---|
| _______ | _______ |
| [FULL LEGAL NAME OF PARTY A] | [FULL LEGAL NAME OF PARTY B] |
| Date: _______ | Date: _______ |
NOTARIZATION
State of Florida )
County of [__] )
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this ___ day of _, 20, by [FULL LEGAL NAME OF PARTY A], who ☐ is personally known to me or ☐ produced _________ as identification.
Notary Public, State of Florida
My commission expires: _______
(Repeat notary block for Party B.)
[// GUIDANCE: Florida does not require witnesses for a premarital agreement, but local recording practices may vary. Add witness lines below if desired.]
11. SCHEDULES
• Schedule A – Party A’s Statement of Assets & Liabilities
• Schedule B – Party B’s Statement of Assets & Liabilities
[// GUIDANCE: Attach detailed balance sheets listing real estate, bank accounts, investments, retirement accounts, business interests, intellectual property, and all liabilities.]
End of Document