The Florida Bar

Marriage and Prenuptials

December 12, 2022


State laws determine most marriage requirements. There are state laws on age, proof of personal information, fees, waiting periods, and who may marry. In most states, getting married means that your spouse’s income and debt now become yours, and vice versa.

Prenuptial Agreements

Generally, prenups protect assets that may otherwise be subject to marital property laws. Specifically, these documents may be used to:

  • Protect one party from taking on the debts of the other
  • Protect specified assets of one party
  • Determine the manner in which property is passed on after death
  • Simplify property division in the event of divorce
  • Clarify financial responsibilities of the parties

For a prenup to be valid in many states, it must satisfy the following conditions:

  • Prenup must be written and signed by both parties and properly executed.
  • Prenup must have been read prior to signing.
  • Prenup must not have been signed under duress.
  • Prenup must not have false information or be unconscionable.
  • Both spouses must have had independent counsel.

Changes may occur in this area of law. The information provided is brought to you as a public service, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or substitute for the advice of a lawyer.