HB 577

1	A bill to be entitled
2	An act relating to premarital agreements; providing a
3	short title; creating s. 61.079, F.S.; defining the terms
4	"premarital agreement" and "property"; requiring that a
5	premarital agreement be in writing and signed by both
6	parties; providing that the agreement is enforceable
7	without consideration; authorizing the parties to a
8	premarital agreement to contract with respect to certain
9	specified issues; providing that an agreement becomes
10	effective upon marriage; providing for amendments to,
11	revocation, and abandonment of an agreement; providing for
12	enforcement of an agreement; providing for application of
13	the act; providing for severability; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  This act may be cited as the "Uniform
19	Premarital Agreement Act."
20	Section 2.  Section 61.079, Florida Statutes, is created to
21	read:
22	61.079  Premarital agreements.--
23	(1)  DEFINITIONS.--As used in this section, the term:
24	(a)  "Premarital agreement" means an agreement between
25	prospective spouses made in contemplation of marriage and to be
26	effective upon marriage.
27	(b)  "Property" includes, but is not limited to, an
28	interest, present or future, legal or equitable, vested or
29	contingent, in real or personal property, tangible or
30	intangible, including income and earnings, both active and
31	passive.
32	(2)  FORMALITIES.--A premarital agreement must be in
33	writing and signed by both parties. It is enforceable without
34	consideration other than the marriage itself.
35	(3)  CONTENT.--
36	(a)  Parties to a premarital agreement may contract with
37	respect to:
38	1.  The rights and obligations of each of the parties in
39	any of the property of either or both of them whenever and
40	wherever acquired or located;
41	2.  The right to buy, sell, use, transfer, exchange,
42	abandon, lease, consume, expend, assign, create a security
43	interest in, mortgage, encumber, dispose of, or otherwise manage
44	and control property;
45	3.  The disposition of property upon separation, marital
46	dissolution, death, or the occurrence or nonoccurrence of any
47	other event;
48	4.  The establishment, modification, waiver, or elimination
49	of spousal support;
50	5.  The making of a will, trust, or other arrangement to
51	carry out the provisions of the agreement;
52	6.  The ownership rights in and disposition of the death
53	benefit from a life insurance policy;
54	7.  The choice of law governing the construction of the
55	agreement; and
56	8.  Any other matter, including their personal rights and
57	obligations, not in violation of either the public policy of
58	this state or a law imposing a criminal penalty.
59	(b)  The right of a child to support may not be adversely
60	affected by a premarital agreement.
61	(4)  EFFECT OF MARRIAGE.--A premarital agreement becomes
62	effective upon marriage of the parties.
63	(5)  AMENDMENT, REVOCATION, OR ABANDONMENT.--After
64	marriage, a premarital agreement may be amended, revoked, or
65	abandoned only by a written agreement signed by the parties. The
66	amended agreement, revocation, or abandonment is enforceable
67	without consideration.
68	(6)  ENFORCEMENT.--
69	(a)  A premarital agreement is not enforceable in an action
70	proceeding under the Florida Family Law Rules of Procedure if
71	the party against whom enforcement is sought proves that:
72	1.  The party did not execute the agreement voluntarily;
73	2.  The agreement was the product of fraud, duress,
74	coercion, or overreaching; or
75	3.  The agreement was unconscionable when it was executed
76	and, before execution of the agreement, that party:
77	a.  Was not provided a fair and reasonable disclosure of
78	the property or financial obligations of the other party;
79	b.  Did not voluntarily and expressly waive, in writing,
80	any right to disclosure of the property or financial obligations
81	of the other party beyond the disclosure provided; and
82	c.  Did not have, or reasonably could not have had, an
83	adequate knowledge of the property or financial obligations of
84	the other party.
85	(b)  If a provision of a premarital agreement modifies or
86	eliminates spousal support and that modification or elimination
87	causes one party to the agreement to be eligible for support
88	under a program of public assistance at the time of separation
89	or marital dissolution, a court, notwithstanding the terms of
90	the agreement, may require the other party to provide support to
91	the extent necessary to avoid that eligibility.
92	(c)  An issue of unconscionability of a premarital
93	agreement shall be decided by the court as a matter of law.
94	(7)  ENFORCEMENT; VOID MARRIAGE.--If a marriage is
95	determined to be void, an agreement that would otherwise have
96	been a premarital agreement is enforceable.
97	(8)  LIMITATION OF ACTIONS.--Any statute of limitations
98	applicable to an action asserting a claim for relief under a
99	premarital agreement is tolled during the marriage of the
100	parties to the agreement. However, equitable defenses limiting
101	the time for enforcement, including laches and estoppel, are
102	available to either party.
103	Section 3.  If any provision of this act or its application
104	to any person or circumstance is held invalid, the invalidity
105	does not affect other provisions or applications of this act
106	which can be given effect without the invalid provision or
107	application, and to this end the provisions of this act are
108	severable.
109	Section 4.  This act shall take effect October 1, 2007, and
110	applies to any premarital agreement executed on or after that
111	date.

CODING: Words stricken are deletions; words underlined are additions.