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Florida Law - Prenuptial Agreements

Prenuptial agreements are generally enforceable in Florida.

This is true even if one party gets nothing.

The judge, in deciding whether to enforce the agreement, will look to the following factors:

  • It was signed freely
  • There was no fraud
  • It was no "overreaching" (which means it was not patently unreasonable).
  • The parties must have known about each other's assets, either before the agreement or by disclosure before the signing.

Section 61.052(5)

Baker (1993) 622 So2d 541.

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