What Are the Documents Required to Create a Prenuptial Agreement in Florida?

December 3, 2024

What Are the Documents Required to Create a Prenuptial Agreement in Florida?

A prenuptial agreement (or "prenup") is a legally binding contract created by a couple before they get married to outline how assets, debts, and other financial matters will be handled in the event of divorce, separation, or death. In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA). At the Law Office of Ric Woodward, we can provide legal assistance to help you draft and finalize a prenuptial agreement tailored to your needs.


Essential Documents for a Florida Prenuptial Agreement


  1. Financial Disclosure Documents
    Full financial disclosure is a key requirement for a valid prenup. Both parties must provide documentation of their financial situations, including:
  • Bank statements (savings, checking, and investment accounts)
  • Retirement accounts (401(k), IRA, pensions)
  • Property deeds for real estate assets
  • Debt statements (credit card debt, loans, mortgages)
  • Business ownership records, if applicable
    Providing accurate financial information ensures transparency and helps prevent future legal challenges to the prenup.
  1. Asset and Debt Inventory
    A comprehensive list of assets and liabilities must be compiled, including:
  • Real estate properties
  • Vehicles
  • Investments and stocks
  • Personal valuables (jewelry, art, collectibles)
  • Business interests
  • Outstanding debts (student loans, car loans, personal loans)
    This inventory ensures both parties clearly understand what is at stake and what will be protected.
  1. Proof of Ownership Documents
    Any documentation that proves ownership of individual or shared assets is important. This may include:
  • Titles or deeds for property
  • Receipts or appraisals for valuable items
  • Shareholder agreements for business ownership
  1. Income and Employment Records
    Current income documentation is essential to establish financial standing, including:
  • Recent pay stubs
  • Tax returns (usually from the past two to three years)
  • Employment contracts or business financials for self-employed individuals
  1. Legal Identification Documents
    Each party should provide valid identification to verify their identity and residency. Acceptable forms include:
  • Driver’s license or state ID
  • Passport
  • Social Security number
  1. Draft Agreement
    The initial draft of the prenuptial agreement outlines key terms and conditions. This document should be reviewed by both parties’ legal counsel to ensure fairness and compliance with Florida law.


Additional Considerations for a Valid Prenuptial Agreement


  • Voluntary Agreement: Both parties must sign the agreement willingly without coercion or undue influence.
  • Separate Legal Representation: While not required, it is strongly recommended that both parties have independent legal counsel to ensure their interests are adequately represented.
  • Proper Execution: In Florida, the agreement must be in writing and signed by both parties. Notarization is not required, but having the document notarized adds an extra layer of validity.


How the Law Office of Ric Woodward Can Help


Creating a prenuptial agreement can be a complex process, but it is an essential step in protecting your financial future and ensuring clarity in your marriage. At the Law Office of Ric Woodward, we guide clients through every step of drafting and finalizing a prenup, ensuring that your agreement is legally sound and tailored to your unique situation.

Contact us today for a consultation to discuss your prenuptial agreement needs and protect your future with confidence.

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