Prenuptial agreements have evolved over time from being frequently voided documents to now, if carefully prepared, being legally binding contracts controlled by Florida Statute section 61.079 and its case law progeny. The general history, or evolution, of prenups in Florida has been as follows.
Before the Early 1970s
The Age of Invalidity
Prior to the early 1970s, courts frequently either outright voided (disregarded) prenups or interpreted them so strictly as to often render them meaningless. Then there was the often-difficult litigation over the process used to create and sign these agreements, which also frequently led to their being overturned. These disputes included the issues of fraud, duress, and undue influence, which frequently led to an agreement’s downfall. This long period of time was sometimes referred to as “the age of invalidity.”
1972
Posner v. Posner
In 1972, the Supreme Court of Florida issued a landmark ruling in the case of Posner v. Posner that altered the existing prenup legal landscape. This Supreme Court decision opened the door, including the issue of alimony, to legally binding prenups so long as full and accurate disclosure was made and the public policy of the State of Florida was not violated. This was still not a friendly environment, but considerable acceptance and enforceability progress was made.
1982
Del Vecchio v. Del Vecchio
In 1982, the Supreme Court of Florida issued another landmark ruling in Del Vecchio v. Del Vecchio, which further analyzed and sanctioned the use of well-written and tailored prenups. This more specific case was needed as the popularity of prenups grew, partly because of the 1972 Posner decision.
2007
Florida Statute § 61.079
The next milestone, and it was significant, was the passage by the Florida Legislature of Florida Statute section 61.079 in 2007. Prenuptial agreements were now sanctioned and ruled upon under the terms of a Florida statute which dictated to judges how they should rule in proceedings involving these agreements. In the approximately 20 years that have followed, the statute has been tweaked, and the many appellate court decisions interpreting and enforcing the statute have led us to where we are today.
Today
More Common and More Enforceable Than Ever
Today, prenuptial agreements are more common than ever and more enforceable than ever—if properly written and properly executed.
To discuss creating or reviewing a prenuptial or postnuptial agreement, call Me today at (813) 443-5249.
