Planning to tie the knot in the Sunshine State? Understanding Florida marriage law is essential for every couple preparing for a wedding. From marriage licenses to age requirements, Florida has specific rules to ensure your union is legally valid and recognized. Here’s what you need to know before you say “I do.”
Florida Marriage Law 101
Marriage License Requirements
- Minimum Age: Both parties must be at least 18 years old to marry without parental consent.
- Where to Apply: Both parties must appear in person at any Florida Clerk of Court’s office to apply for a marriage license.
- Identification Needed: Bring a valid photo ID (driver’s license, state ID, or passport) and provide your Social Security numbers.
- Fees: The standard marriage license fee is around $93.50, but this can be reduced by completing a state-approved premarital course.
- Waiting Period: Florida residents face a three-day waiting period unless they complete a premarital course; non-residents are exempt from this waiting period.
- License Validity: The marriage license is valid for 60 days from issuance.
Ceremony and Consent
- Who Can Officiate: Regularly ordained ministers, elders, other clergy, judicial officers, clerks of the circuit courts, and notaries public are authorized to perform marriage ceremonies in Florida.
- Consent During Ceremony: Both parties must freely consent to the marriage during the ceremony, typically through vows or affirmations, ensuring no coercion or fraud.
Prenuptial Agreements
In addition to understanding the basic requirements for marriage in Florida, many couples consider entering into a prenuptial agreement to protect their financial interests and clarify expectations before tying the knot.
- Under Florida law, a prenuptial agreement must be in writing, signed voluntarily by both parties, and notarized to be valid and enforceable. In many cases, it should be notarized in the presence of two witnesses.
- Prenuptial agreements allow couples to outline how assets, debts, and financial responsibilities will be handled during the marriage and in the event of divorce or death.
- Florida’s Uniform Premarital Agreement Act permits a wide range of provisions, including property division, alimony, and even jurisdiction for divorce proceedings, as long as the terms are lawful and fair.
- Prenuptial agreements cannot govern child custody or child support, as those decisions are made based on the child’s best interests at the time of separation or divorce.
Understanding these key points of Florida marriage law ensures your marriage is legal, valid, and protected under state law. Additionally, by setting clear terms in advance, Florida couples can avoid costly disputes and gain peace of mind, making prenuptial agreements an increasingly popular and practical part of marriage planning in the state. Check out our in-depth guide to getting a prenup in Florida and our Florida prenup checklist to help you plan.
Book a consultation call with First today to learn why obtaining a well-drafted prenup should be on every couple’s pre-wedding checklist.
