Florida Court Fees: $0 to Sign a Prenup, $409 to File for Divorce
Quick Answer
What does a prenup cost to file in Florida, and what does a divorce cost to file? A premarital agreement is a private contract. It is never filed with any court, so it carries no filing fee, no recording fee and no clerk’s cost. Filing a petition for dissolution of marriage costs $409.00 — the same figure at the Miami-Dade, Broward and Palm Beach clerks. Those are court fees, not attorney fees, and they are the only two numbers on this page.
Why a Prenup Has No Court Fee at All
Nothing in Fla. Stat. § 61.079 involves a clerk. Section 61.079(3) requires only that the agreement be “in writing and signed by both parties,” enforceable “without consideration other than the marriage itself.” No notary is required by the statute, no witnesses, no recording.
Section 61.079(5) supplies the trigger: the agreement “becomes effective upon marriage of the parties.” The wedding is the operative event, not a filing. A prenup only reaches a courthouse if someone later challenges it inside a dissolution case — and at that point the cost is the litigation, not a filing fee.
The $409, County by County
The filing fee to open a dissolution of marriage is $409.00 in each of the three South Florida counties, verified separately at each clerk’s published fee schedule:
- Miami-Dade — $409.00, Clerk of the Courts family fee schedule.
- Broward — $409.00, Clerk of Courts fees and costs.
- Palm Beach — $409.00, Clerk unified family court fees.
The figure is the same across all three. It is set by statute rather than by local policy, which is why a Miami-Dade petition and a Palm Beach petition open at the same number.
What the $409 Is and Is Not
It is the fee to open the case. It is not the cost of the divorce, and this page does not state one. Separate charges can arise for service of process, certified copies and electronic filing, and those vary by county and by what a case actually needs — we do not publish figures for them here.
The comparison that matters for a couple deciding whether to sign an agreement is narrower and cleaner: signing costs nothing at the courthouse. Opening a dissolution costs $409 before anything is contested.
The One Route a Prenup Reaches a Courthouse
A premarital agreement becomes a court document only when someone attacks it, and that happens inside a dissolution case that has already been opened — after the $409. § 61.079(7)(a) sets out the grounds: the party resisting the agreement must prove that it was not executed voluntarily, or that it was the product of fraud, duress, coercion or overreaching, or that it was unconscionable when executed and the disclosure requirements in that subsection were not met.
The burden sits on the spouse challenging the agreement, not on the spouse relying on it. That allocation is the practical value of having signed one: it decides who has to prove what, before either party has filed anything.
There is also a limitations point that surprises people. Under § 61.079(9), any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage. The clock does not run while the couple is married.
Why the Comparison Is Worth Making
Cost tracks contested issues, not paperwork. Property division under § 61.075, alimony under § 61.08, time-sharing under § 61.13 and fee-shifting under § 61.16 are where a dissolution becomes expensive. A premarital agreement is the document that decides some of those questions in advance, before there is a case number attached to them.
Frequently Asked Questions
Does a Florida prenup have to be filed with the court?
No. It is a private contract between the parties. § 61.079 requires no filing, recording or clerk involvement of any kind.
How much does it cost to file for divorce in Florida?
$409.00 to file a petition for dissolution of marriage, verified at the Miami-Dade, Broward and Palm Beach clerk fee schedules.
Does a prenup need to be notarized in Florida?
§ 61.079(3) does not require notarization or witnesses for the premarital agreement itself. A waiver of spousal death rights under § 732.702 is different — it requires two subscribing witnesses.
When does a Florida prenup take effect?
On marriage. § 61.079(5) provides that a premarital agreement “becomes effective upon marriage of the parties.”