Do I Need a Prenup in Florida? 8 Situations Where It Makes Sense

Which Florida Statute Governs Prenuptial Agreements? (§ 61.079, Uniform Premarital Agreement Act)

Florida prenuptial agreements are governed by Fla. Stat. § 61.079(3) and the rest of the Uniform Premarital Agreement Act. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.079(1) — adopts the Uniform Premarital Agreement Act and applies it to proceedings under the Florida Family Law Rules of Procedure.
• § 61.079(2)(a) — defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage.
• § 61.079(3) — requires the agreement to be in writing and signed by both parties, and makes it enforceable without consideration other than the marriage itself.
• § 61.079(4)(a)1.–8. — lists the permitted subjects, including property rights, management and disposition of property, wills and trusts, life insurance death benefits, and choice of law.
• § 61.079(4)(a)4. — expressly permits the establishment, modification, waiver, or elimination of spousal support.
• § 61.079(4)(b) — provides that a child’s right to support may not be adversely affected by a premarital agreement.
• § 61.079(5) — makes the agreement effective upon marriage.
• § 61.079(6) — allows amendment, revocation, or abandonment after marriage only by a written agreement signed by the parties.
• § 61.079(7)(a)1. — ground to set aside: the party did not execute the agreement voluntarily.
• § 61.079(7)(a)2. — ground to set aside: fraud, duress, coercion, or overreaching.
• § 61.079(7)(a)3. — ground to set aside: unconscionable when executed, combined with the absence of fair and reasonable disclosure, no written waiver of disclosure, and no adequate knowledge of the other party’s finances.
• § 61.079(7)(b) — allows a court to order support notwithstanding a waiver where the waiver would make a party eligible for public assistance.
• § 61.079(7)(c) — makes unconscionability a question for the court to decide as a matter of law.
• § 61.079(8) — limits enforcement where the marriage is determined to be void.
• § 61.079(9) — tolls the statute of limitations on claims under the agreement during the marriage, while preserving laches and estoppel.
• § 61.079(10) — confirms the section does not alter the formalities of spousal agreements under §§ 732.701–732.702.
• § 61.075(6)(b) — makes assets and liabilities excluded by a valid written agreement nonmarital and therefore outside equitable distribution.
• § 61.08(1)(a) — identifies the forms of alimony an agreement can waive or modify.
• § 61.30(1)(a) — the child support guidelines remain presumptive regardless of what the agreement says.
• § 61.16 — governs attorney’s fees in litigation over the agreement.
• Casto v. Casto, 508 So. 2d 330 (Fla. 1987) — the Florida Supreme Court decision on setting aside marital agreements.
• § 61.021 — requires 6 months of Florida residency before the dissolution in which the agreement is enforced.
• § 61.052 — supplies the no-fault ground for the proceeding in which the agreement is applied.
• § 61.19 — bars entry of the final judgment incorporating the agreement until at least 20 days after filing, absent a showing that the delay would cause injustice.
• § 61.13(2)(c)1. — time-sharing is fixed by statute and by the child’s best interests; a premarital agreement cannot bind it.
• § 61.14 — support terms the agreement leaves open remain subject to modification under this section.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.” — Fla. Stat. § 61.079(3)

“An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.” — Fla. Stat. § 61.079(7)(c)

“The right of a child to support may not be adversely affected by a premarital agreement.” — Fla. Stat. § 61.079(4)(b)

Answers to the Questions the Statute Actually Decides

Does a Florida prenup have to be notarized under § 61.079(3)?

The statute requires only that the agreement be in writing and signed by both parties. It does not require notarization or witnesses, and it expressly makes the agreement enforceable without consideration other than the marriage itself. Notarization is nevertheless routine practice because it makes execution far easier to prove later.

What can invalidate a Florida prenuptial agreement?

§ 61.079(7)(a) supplies three grounds, and the burden is on the party attacking the agreement: involuntary execution; fraud, duress, coercion, or overreaching; or unconscionability at execution combined with the absence of fair and reasonable financial disclosure, no written waiver of disclosure, and no adequate independent knowledge of the other party’s finances.

Can a prenup waive child support?

No. § 61.079(4)(b) provides that a child’s right to support may not be adversely affected by a premarital agreement. Child support is calculated under the § 61.30(1)(a) guidelines regardless of what the parties agreed before marriage.

Who decides whether a prenup is unconscionable?

The judge, and as a matter of law — that is the express command of § 61.079(7)(c). Unconscionability alone is also not enough; it must be paired with the disclosure failures listed in § 61.079(7)(a)3.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.