A prenuptial agreement in Florida doesn’t expire. Once both people sign it and the marriage takes place, the agreement becomes active and stays that way unless it’s legally changed or thrown out by a court. Many assume prenups are only good for a few years, but that’s not how it works in Florida. Unless the couple agrees to cancel or update it, or a judge finds a legal reason to invalidate it, a prenup stays valid for the entire marriage.
Understanding Prenup Validity in Florida
Florida uses the Uniform Premarital Agreement Act as its guideline. That means a prenup is just like a contract. Imagine building a house. If the blueprint was created with care and signed off by everyone involved, that plan remains the foundation unless something major changes. The same goes for a prenup. It outlines what happens if the marriage ends—who keeps what, who pays what, and what each person brought into the marriage. Time does not make it disappear.
There are a few ways a prenup can lose its power. If it was signed under pressure or one person didn’t share everything about their finances, a court can rule it invalid. That’s called lack of full disclosure or duress. Courts also look for fairness. If one person gave up everything while the other got to keep all the money and property, a judge might step in. Florida judges do not allow manipulation. They check whether both people had the chance to understand the agreement and signed it willingly.
A prenup does not need to be filed in court or notarized in Florida. It just needs to be signed before the wedding. Still, most couples choose to get lawyers involved to make sure everything’s clear. Sometimes, they go back later and change parts of the prenup. That’s allowed, as long as both people agree and sign a written amendment. Unless that happens, the original prenup stands strong no matter how long the marriage lasts.
What Can Make a Prenup Invalid?
You may have heard of “sunset clauses.” These are special terms included in some prenups that cause the agreement to end after a set number of years. For example, a prenup might say it becomes void after 10 years of marriage. If your prenup has that, then yes, it would expire. But most prenups don’t include this. Without a sunset clause, the agreement remains in effect for life. That’s why many people are surprised to learn that a prenup signed 15 years ago still applies during divorce.
A prenup can also cover more than just money. It might include terms about what happens to the house, how to handle debts, or how property will be divided. But there are limits. For example, a prenup can’t decide custody or child support. Those are up to the court and based on what’s best for the children. Even if a prenup tries to include those topics, the court will ignore them.
Think of a Florida prenup like the U.S. Constitution. It was written long ago, but unless amended, it still applies today. A well-made prenup is the same. It holds power unless both people agree to change it, or a judge finds it broken from the start.
Florida Prenup Validity FAQ
Can a prenup be changed after marriage?
Yes. A postnuptial agreement or written amendment can be signed by both people.
Can a prenup be canceled?
Yes. Both people must agree in writing to revoke it.
Does it expire automatically?
No. A prenup stays valid unless it’s canceled or invalidated in court.
A Florida prenup is a long-term legal promise. It doesn’t fade over time. It protects each person’s rights and property unless both agree to walk away from it or a judge decides it’s unfair. Before you sign or rely on a prenup, make sure you understand how long it lasts and how it can be enforced.
Need help with your prenup? Visit Sparkman Law Firm for trusted legal support.
