Family agreements and planning under Florida law Family agreements and planning under Florida law

Florida enforces prenups under the Uniform Premarital Agreement Act (section 61.079): a signed writing, effective upon marriage, challengeable only on proof of involuntariness, fraud, duress, coercion, overreaching — or unconscionability paired with inadequate disclosure. Florida layers onto this its own deep case law on marital agreements, including heightened attention to fair disclosure and the circumstances of execution.

Postnups are equally established in Florida, governed by the standards of Casto v. Casto: they can be set aside for fraud, duress, coercion, misrepresentation, or overreaching — or where the agreement is unreasonable on its face and the challenging spouse lacked adequate knowledge of the other's finances. One Florida-specific power feature: marital agreements are one of the few instruments that can effectively address Florida's constitutional homestead protections and elective share — which makes them estate-planning workhorses, not just divorce insurance. Full treatment: prenuptial and postnuptial agreements in Florida.

Florida abolished common-law marriage for relationships formed after January 1, 1968. Unmarried partners in Florida hold no equitable distribution rights, no alimony eligibility, and no intestate inheritance — and Florida adds a wrinkle the other states don't: with no legal separation status available, and significant retiree and snowbird populations cohabiting later in life (sometimes deliberately unmarried for pension or estate reasons), written agreements carry unusual weight here. Florida enforces cohabitation contracts based on valid consideration beyond the relationship itself. Details: cohabitation agreements in Florida.

Florida adoption runs through Chapter 63, with an intermediary-driven private adoption system (licensed agencies and attorneys), strict consent mechanics — a birth mother's consent is generally signed no earlier than 48 hours after birth or the day of discharge, and once validly executed is irrevocable absent fraud or duress — and the Florida Putative Father Registry. Plainly: a man who may have fathered a child outside marriage must register with the state before a termination-of-rights petition is filed to preserve his right to notice and consent. Late is forfeited, by design. Stepparent and relative adoptions get streamlined treatment; adult adoption is available. Details: adoption in Florida.

Florida's estate overlay is uniquely aggressive: divorce automatically voids will provisions and — under section 732.703 — many beneficiary designations in favor of a former spouse, homestead rules constrain devises, and the elective share protects spouses until decree. Agreements, dissolutions, and estate documents have to be coordinated, not just collected. See estate planning and divorce in Florida.

Brown Carrington drafts Florida agreements that do double duty — divorce protection and estate architecture — with the precision Florida's technical rules demand.