What is the Uniform Premarital Agreement Act?
Section 61.079 of the Florida Statutes is defined as the "Uniform Premarital Agreement Act" and governs the entry into prenuptial agreements in the state of Florida.
The Act, while not overly extensive in length, has far reaching ramifications if not properly followed.
Generally speaking, the Act specifically provides for certain minimum formalities that must be adhered to in order for a prenuptial agreement to be effective and enforceable within the state of Florida.
In addition, the Act provides a long list of issues, content and provisions that may be addressed in the body of the premarital agreement. For example, the Act specifically permits a prenuptial agreement to address, among other things, the establishment, waiver or elimination of spousal support and the disposition of property upon marital dissolution.
Most importantly, however, is the fact that the Act provides certain conditions that must be satisfied in order for a prenuptial agreement to be enforceable in a court of law in the state of Florida. For example, among other things, the Act specifically requires that the agreement be entered into "voluntarily" and that the agreement was not "unconscionable" when it was signed by the parties.
The words "voluntarily" and "unconscionable" are further defined by the Act and Florida case law, which are quite extensive and detailed in nature.
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