Florida’s Uniform Premarital Agreement Act (UPAA)

Florida’s Uniform Premarital Agreement Act, or UPAA, sets the statewide standard for how courts evaluate prenuptial agreements. Adopted in 2007 and codified at Florida Statute § 61.079, the UPAA replaced older case law with clear rules governing voluntariness, disclosure, and fairness. For couples in Brevard County—from Melbourne and Viera to Titusville and Palm Bay—understanding these rules is key to crafting a prenuptial agreement that holds up in court.

What Is the UPAA?

The UPAA defines how and when a prenuptial agreement is enforceable. It focuses on three main areas:
1. Whether each party signed voluntarily.
2. Whether there was full and fair disclosure of assets and debts, or a voluntary written waiver of that right.
3. Whether the agreement was unconscionable when it was signed.

This law gives Florida judges a framework for evaluating claims that an agreement was unfair or coerced, while preserving each couple’s freedom to contract.

How the UPAA Changed Florida Law

Before Florida adopted the UPAA, courts relied on a patchwork of case law, most notably the Casto decision. Under Casto, courts could set aside agreements that were either (1) reached through fraud, deceit, duress, coercion, or overreaching, or (2) so unfair that they shocked the conscience—unless there had been full, frank disclosure. The UPAA simplified these standards, emphasizing voluntariness and disclosure as the twin tests of enforceability.

Voluntariness Under the UPAA

A prenuptial agreement must be signed voluntarily. A court may consider factors such as the timing of the signing, whether an attorney reviewed the document, and whether one party felt pressured. For example, last-minute presentations of a prenup before the wedding may undermine voluntariness. Florida courts look for evidence that each party had meaningful opportunity to understand and negotiate the terms.

Disclosure and Unconscionability

Even if an agreement is signed voluntarily, it can be invalidated if one spouse did not receive a fair disclosure of the other’s financial situation and the terms are unconscionable. Disclosure can be waived in writing, but that waiver must be explicit. An agreement may also be challenged if it was so one-sided at signing that it shocks the conscience of the court.

Two Key Differences from Casto

Under the UPAA:
1. The test for enforcement focuses on voluntariness and disclosure rather than an after-the-fact fairness review.
2. If an agreement was entered into voluntarily with adequate disclosure (or valid waiver), courts are far less likely to invalidate it—even if it now seems financially unequal.

Practical Tips for Florida Couples

1. Begin discussions early—well before the wedding date.
2. Exchange detailed financial statements listing all assets, liabilities, and income.
3. Have independent attorneys review and explain the document.
4. Keep written records of drafts, revisions, and financial attachments.
5. Revisit the agreement if major life or financial changes occur.

Common Myths

“Prenups are unromantic.” — In truth, they’re financial planning tools that promote transparency and trust.
“If we both sign, it’s automatically valid.” — Only if signed voluntarily and with proper disclosure and with the proper witnesses/notary.
“The court can’t change our agreement.” — Courts can refuse enforcement if the UPAA’s conditions aren’t met.

Why It Matters

Florida’s UPAA offers predictability for couples and attorneys alike. By following its standards, you reduce the risk of future litigation and ensure that your wishes are honored. A properly drafted prenup under the UPAA can protect premarital assets, define spousal support expectations, and help both parties enter marriage with confidence and clarity.

If you have questions about marital contracts or need guidance during your divorce, contact Rhoden Law Group at 321‑549‑3162 call/text or use the contact form on this site. We serve clients in Melbourne, Titusville, Mims, Malabar, Viera, Palm Bay, Suntree, the beaches, and throughout Brevard County. We handle All Things Family.