Is a Prenuptial Agreement Enforceable in Florida?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated July 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.

Quick Answer

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.

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

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.
Entered into voluntarily. Neither party may be coerced, pressured, or rushed into signing. This is where eve-of-wedding signings get challenged.
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.
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:

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

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

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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.