Prenuptial agreements from other states are typically enforceable in Florida if they meet legal validity and public policy standards. This is a significant principle, because a spouse may have given up significant property rights in the prenup.
Divorce
Let’s look at a common issue that can arise in the divorce process. Say a spouse waived the right to alimony or to certain property in a prenuptial agreement executed in another state. Now, they’re fighting the enforcement of this waiver in divorce proceedings in a Florida court.
Florida courts enforce out-of-state premarital agreements like any valid contract from another jurisdiction in divorce cases. However, the prenuptial agreement must have been valid under the law of the state of execution. Its content must also not be contrary to the public policy of Florida.
One Florida court defined a contract as void because it is against public policy as “injurious to the interest of the public, or contraven[ing] some established interest in society.”
Florida courts may enforce prenups meeting another state’s legal requirements, even if unfair to one spouse. Most states have requirements for prenuptial agreements like full disclosure of assets, no duress or fraud, free and voluntary signing, and other similar provisions related to fairness.
Probate
In a prenuptial agreement, a future spouse may waive his or her right to marital property that can arise during probate of the other spouse’s estate after death like a spouse’s elective share, intestate share, interest in homesteaded property and others.
Florida state law provides that if the parties executed the waiver in another state or country, if it was valid where executed at the time of execution, a Florida court may enforce it.
Issues related to enforcement of out-of-state premarital agreements in Florida can be quite complex. It is advisable to consult an experienced Florida family lawyer.