EN ES
Pazos Law Group South Florida Divorce & Family Law

Is a Prenuptial Agreement Enforceable in Florida?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated  ·  ← All blog posts

Yes — Florida enforces prenuptial agreements, and has a specific statute that governs them. But enforceability is not automatic. Here is exactly what makes a Florida prenup hold up, and what can cause a court to set one aside.

Quick Answer

Governing authority: Fla. Stat. § 61.079(3) (the writing-and-signature formality); Fla. Stat. § 61.079(7)(a) (the grounds for setting an agreement aside).

Yes. Under Fla. Stat. § 61.079, Florida’s Uniform Premarital Agreement Act, a prenuptial agreement is enforceable if it is (1) in writing and signed by both parties, (2) entered into voluntarily, and (3) made with fair and reasonable financial disclosure or a valid written waiver of disclosure — and it is not unconscionable at the time it was signed. Notarization is not required. A prenup cannot, however, predetermine child support or custody.

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.

Florida is one of the many states that adopted the Uniform Premarital Agreement Act, codified at Fla. Stat. § 61.079. That statute is the roadmap: get the requirements right and your agreement is enforceable; miss one and a court can refuse to enforce all or part of it. This applies equally to a simple agreement and to a sophisticated one protecting a business or trust — the more valuable the assets, the more important it is that every requirement is satisfied.

The Requirements for an Enforceable Florida Prenup

  1. In writing and signed by both parties. An oral prenup is not enforceable. The agreement takes effect upon marriage and needs no consideration beyond the marriage itself.
  2. Entered into voluntarily. Neither party may be coerced, pressured, or rushed into signing. This is where eve-of-wedding signings get challenged.
  3. Fair and reasonable financial disclosure — or a valid written waiver. Each party should fairly disclose their property and debts, or expressly waive that disclosure in writing, having had adequate knowledge of the other’s finances.
  4. Not unconscionable when signed. The bargain cannot be so one-sided that it shocks the conscience at the time of execution.

Notarization and witnesses are not required by the statute, though many couples add them as a best practice. Independent counsel for each spouse is likewise not required, but it substantially strengthens an agreement.

What Can Make a Florida Prenup Unenforceable

When a prenup is challenged during a divorce, courts look for the mirror image of the requirements above:

Can a Prenup Waive Alimony in Florida?

Yes. A Florida prenup can set, limit, or waive spousal support, provided the agreement meets the § 61.079 requirements and is not unconscionable when signed. Alimony waivers are among the most negotiated terms and among the most scrutinized, so they should be drafted carefully and with full disclosure.

How Florida Courts Review a Prenup

A prenup is presumed valid; the spouse challenging it carries the burden of proving a defect. Courts review the circumstances at the time of signing — not whether the deal turned out to be a bad bargain in hindsight. That is why the process matters as much as the words: full disclosure, unhurried timing, and independent review are what make an agreement difficult to unwind years later. Our prenup checklist walks through the steps that protect enforceability from the start.

Frequently Asked Questions

Can a prenup be thrown out in Florida?

Yes, if it fails a requirement of Fla. Stat. § 61.079. A Florida court can set aside a prenup that was signed involuntarily (under coercion or duress), that lacked fair financial disclosure or a valid written waiver, or that was unconscionable when signed.

Does signing a prenup right before the wedding make it invalid?

Not automatically, but it is a common basis for a challenge. Signing days before the wedding can support a claim that a party signed involuntarily. Signing well in advance, with time for disclosure and independent review, protects enforceability.

Can a Florida prenup waive alimony?

Yes. A Florida prenuptial agreement can set, limit, or waive spousal support, as long as the agreement meets the requirements of Fla. Stat. § 61.079 and is not unconscionable when it is signed.

Do we each need our own lawyer for the prenup to be valid?

No, independent counsel is not legally required in Florida. However, having each spouse represented by their own attorney strengthens the agreement by supporting the voluntariness and disclosure requirements and making a later challenge much harder.

Speak With a Florida Prenuptial Agreement Attorney

Tell us a little about your situation and Nadia Pazos will follow up personally — confidential, bilingual EN/ES. Prefer to call? (305) 482-1262.

★★★★★ 4.6 on Google · 50+ reviews · AV Preeminent® (Martindale-Hubbell) · 20+ years · Hablamos Español

Your information is kept strictly confidential. Submitting this form does not create an attorney-client relationship.

Speak With a Florida Prenuptial Agreement Attorney

Confidential, bilingual consultations for couples considering a prenuptial or postnuptial agreement anywhere in South Florida.

Schedule a Confidential Consultation

This article is general legal information about Florida law and is not legal advice. Whether a prenuptial or postnuptial agreement is enforceable depends on the specific facts, the parties’ disclosures, and the circumstances of signing. Reading this content does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your situation.