Free Florida Postnuptial Agreement Template

A Florida postnuptial agreement is a written contract between spouses about property, debts, and rights at divorce or death. Florida law covers both sides of that. It says what a court treats as nonmarital at divorce, and it sets how a spouse can give up estate rights.

Two Subscribing Witnesses for Estate Waivers

A spouse can waive rights in the other spouse’s estate, wholly or partly, before or after marriage. The waiver must be a written contract, agreement, or waiver signed by the waiving spouse in the presence of two subscribing witnesses (Fla. Stat. § 732.702(1)).

The Rights That Can Be Waived

Florida’s list is long. It covers the elective share, intestate share, pretermitted share, homestead, exempt property, and family allowance. The statute also reaches preference in appointment as personal representative and certain community property claims at death (Fla. Stat. § 732.702(1)).

Disclosure Is Mandatory After Marriage

Here’s where a postnup differs from a prenup. When spouses sign the waiver after marriage, each must make a fair disclosure of their estate to the other. By contrast, the statute requires no disclosure for a waiver signed before marriage (Fla. Stat. § 732.702(2)).

Agreements Can Exclude Assets at Divorce

At divorce, a court sets apart each spouse’s nonmarital assets and starts from the premise that marital assets are divided equally. Nonmarital assets include those excluded from marital assets by valid written agreement of the parties (Fla. Stat. § 61.075).

Yes, for any waiver of estate rights. The spouse giving up rights must sign in the presence of two subscribing witnesses, who also sign (§ 732.702(1)). Because that rule applies to Florida residents’ waivers, plan for two witnesses whenever your Florida postnuptial agreement touches inheritance or homestead.

Broad wording also carries weight. Unless the document says otherwise, waiving “all rights” in a spouse’s property waives every right on the statutory list. So does a complete property settlement signed after, or in anticipation of, separation or divorce.

Before signing a Florida postnuptial agreement, line up these steps:

1. Exchange estate disclosures. After marriage, each spouse must fairly disclose their estate to the other.
2. Decide on each right. Go through the statutory list and choose what each spouse keeps or waives.
3. Name excluded assets. List anything you want treated as nonmarital at divorce.
4. Arrange two witnesses. Both must watch the waiving spouse sign and then sign themselves.
5. Sign the final version. Each spouse signs, and the witnesses subscribe.
6. Review wills and titles. Make sure other estate documents match the agreement.

Keep these parts easy to find:

• Estate disclosures — each spouse’s assets and debts, attached
• Waiver terms — each estate right addressed by name, including homestead
• Nonmarital assets — anything excluded by agreement at divorce
• Witness block — lines for two subscribing witnesses
• Spouse signatures — both dated on the signing day