Is a Prenuptial Agreement Enforceable in Florida?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated September 2026  ·  ← 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. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, reviews existing prenups and advises on whether they will hold up in a Florida divorce, in English or Spanish: (305) 482-1262.

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. Rechecked against the 2026 Florida Statutes on 11 October 2026: the cited sections are unchanged.

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.

Two details couples ask about most: Florida does not require a notary or witnesses for the prenup itself (see the notary and witness rules), and the disclosure you exchange is the strongest protection against a challenge (see financial disclosure for a Florida prenup).

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:

• Coercion or duress. The classic example is presenting the agreement for the first time days before the wedding, with guests already arriving, so the other party feels they cannot refuse.
• Fraud or non-disclosure. Hiding assets or debts, or providing false financial information, undermines the disclosure requirement.
• Unconscionability. An agreement that leaves one spouse with essentially nothing, signed without disclosure or counsel, is vulnerable.
• Provisions the law will not enforce. Even a valid prenup cannot fix child support or a parenting schedule in advance; those remain with the court under the best-interests standard in Fla. Stat. § 61.13.

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

Section 61.079(7)(a) places the burden on the party resisting enforcement to prove a listed ground. The court examines the agreement and the circumstances of execution. Clear disclosure records, adequate time, and separate legal advice can reduce factual disputes, but none of those steps alone guarantees enforcement. Our prenup checklist explains the practical process.

Frequently Asked Questions

Florida Prenup Law at a Glance (2026)

What is Florida’s prenup law called?

The Uniform Premarital Agreement Act, Fla. Stat. § 61.079. It was enacted by ch. 2007-171, Laws of Florida, and the official history of the section lists no later amendment.

What are the requirements for a valid premarital agreement in Florida?

It must be in writing and signed by both parties, and it is enforceable without consideration other than the marriage itself (§ 61.079(3)). It becomes effective upon marriage (§ 61.079(5)). Section 61.079 itself requires no notary, no witnesses, and no lawyer. Separately, a Florida resident’s waiver of a surviving spouse’s rights (elective share, homestead, exempt property and others) must be signed in the presence of two subscribing witnesses (§ 732.702(1)).

What is the standard for a prenup to be held unconscionable?

Section 61.079 does not define unconscionability; courts apply the general contract-law standard of an agreement so one-sided that it shocks the conscience. Unconscionability alone is not enough: under § 61.079(7)(a)3. the agreement must have been unconscionable when it was executed and all three disclosure failures must have occurred. The judge decides it as a matter of law (§ 61.079(7)(c)).

Is a Florida prenup valid indefinitely?

Section 61.079 sets no expiration date. After marriage, an agreement can be amended, revoked, or abandoned only by a written agreement signed by both spouses (§ 61.079(6)), and any statute of limitations on a claim under it is tolled during the marriage (§ 61.079(9)).

What law applies to an out-of-state or foreign prenup?

The parties may choose the law governing construction of the agreement (§ 61.079(4)(a)7.). Agreements made elsewhere are generally respected, but not where that would offend Florida public policy (Gustafson v. Jensen, 515 So. 2d 1298 (Fla. 3d DCA 1987)). See enforcing a prenup in a Florida divorce.

What has changed in Florida prenup law recently?

Section 61.079 itself has not changed since 2007. The alimony statute has: since ch. 2023-315, § 61.08(1)(a) lists temporary, bridge-the-gap, rehabilitative, or durational alimony, with no permanent alimony. That matters for any prenup that waives or limits alimony by reference to the forms available at divorce.

Related Reading

• Enforcing a Prenup or Postnup in a Florida Divorce (including New York and foreign agreements)
• How Much Does a Prenup Cost in Florida?
• Military Prenuptial Agreements in Florida
• Prenups and Inheritance Rights in Florida
• Prenups for International Couples in Florida
• Prenup vs. Postnup in Florida: What’s the Difference?
• High-Net-Worth Prenups in Florida: Protecting a Business, Trust & Investments
• Florida Prenuptial Agreement Attorney — Practice Area
• Fla. Stat. § 61.079 — Florida’s Prenup Statute, Explained
• What to Check Before You Sign a Prenup in Florida
• Can You Write Your Own Prenup in Florida Without a Lawyer? Yes
• Challenging a Florida Prenup: § 61.079(7)(a) Grounds & Proof
• Florida Prenup Formalities Under § 61.079(3): Writing & Signing

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.