In Florida, prenuptial agreements, called premarital agreements, are a type of contract people enter into prior to the marriage that become effective once the marriage occurs. Couples can sign agreements regarding such things as spousal support, property rights, division of assets, choice of law covering the agreement and how life insurance proceeds will be distributed in the event a death occurs. Premarital agreements cannot contain a clause adversely affecting the right of a child to future support, however.
In addition to defining what categories couples can choose to include in a premarital agreement, the law provides a mechanism by which either spouse can challenge pre-existing prenuptial agreements in the event of a divorce to prevent them from being enforced. Agreements will be held to be unenforceable if a spouse can prove one of several things occurred.