Florida Prenup Complexity Estimator
The facts, assets, timing, and negotiation involved — not the page count. Florida’s premarital agreement statute, Fla. Stat. § 61.079, asks almost nothing of the document itself: § 61.079(3) requires only that it be “in writing and signed by both parties” and makes it “enforceable without consideration other than the marriage itself.” The work often centers on the enforceability issues addressed in § 61.079(7)(a), including voluntariness, timing, financial knowledge or disclosure, and careful treatment of each asset. The more moving parts you own, the more of that work there is. This tool shows you which of your facts drive the work, and in which direction. It does not state fees — the scope of the work is established in a confidential consultation.
Answer six questions and see where your prenuptial agreement lands on the complexity scale — plus a plain-language breakdown of every answer that made the likely scope simpler or more involved. Nothing leaves your browser. This is a planning tool, not legal advice.
Prenup Complexity Estimator
Six questions. Updates as you answer. No email and no dollar figures — just the facts that drive scope.
Your Estimate
- Answer the questions above to see what drives the work.
What a Pazos Law Group engagement covers
- A consultation to establish what you actually need protected.
- Drafting or review of the agreement itself against Fla. Stat. § 61.079.
- The financial disclosure schedules — an important record if a § 61.079(7)(a)3. challenge arises years later.
- Negotiation and revision rounds with the other side’s counsel.
- A signing process built to defeat a later voluntariness argument under § 61.079(7)(a)1.
Every engagement is scoped during a confidential consultation.
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This tool deliberately shows no dollar amount. It scores the facts that drive attorney time on a Florida prenuptial agreement — the scope of drafting versus review, the asset types that need individual carve-outs, the disclosure burden under Fla. Stat. § 61.079(7)(a)3., the time available before the wedding, and how far apart the parties are. It does not state fees and makes no representation about any other firm.
This estimator provides a general planning estimate only. It is not a statement of fees and not legal advice. Scope depends on the specific facts of your matter and is established in a confidential consultation. Using this tool does not create an attorney-client relationship.
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Bring Your Facts to a Consultation
Tell us what you are protecting and when you are getting married. Nadia Pazos personally reviews every inquiry and confirms the scope of the work before anything starts.
Your information is confidential. We will not share it. Submitting this form does not create an attorney-client relationship.
Why does this tool refuse to show a dollar figure?
Because a number pulled out of the air is worse than no number. Search results are full of prenup prices that trace back to nothing — a competitor’s old page, a directory listing, a guess repeated until it looked like a fact. Pazos Law Group does not publish a figure it has not verified, and it will not publish a figure for your agreement before knowing what is in it.
What the firm can tell you honestly, right now, is what the work is made of. A Florida prenuptial agreement is built on attorney time, and attorney time on a prenup goes almost entirely into one thing: making the agreement survive Fla. Stat. § 61.079(7) if it is ever challenged. Everything in the estimator above is a proxy for how much of that work your facts require.
After a consultation, the firm sets the scope of the work in a written engagement agreement. The engagement agreement identifies what is included; any additional work is handled under its written terms.
What actually drives the work on a Florida prenup?
Drafting versus reviewing
These are different jobs. Drafting means building the agreement from your facts, assembling the financial disclosure exhibits, and then negotiating every change the other side proposes. Reviewing means taking a finished document, testing it against § 61.079, identifying what it gives away, and advising you before you sign. Review is a narrower engagement, and it prices lower. If you have been handed an agreement, start with whether you need your own lawyer to review it.
How many asset types need their own carve-out
A prenup that says “what’s mine stays mine” is not a prenup; it is a wish. Each category of property needs its own treatment, and some categories are far harder than others. A checking account takes a sentence. A partnership interest with a capital account, a vesting schedule, and a transfer restriction takes a section, and often a conversation with the company’s counsel. This is the single biggest lever in the estimator.
The disclosure exhibit
Under § 61.079(7)(a)3., a spouse attacking a prenup years later must prove it was unconscionable when executed and that they were not given fair and reasonable disclosure, did not waive disclosure in writing, and did not otherwise have adequate knowledge of the other party’s finances. Those three conditions are joined by “and,” so a complete, accurate disclosure schedule attached to the agreement defeats the whole ground on its own. Building that schedule properly is real work, and it scales with the number of assets and entities you own.
How far apart the two of you are
If you have already talked it through and agree, the drafting is close to a single pass. If one of you wants a full waiver of spousal support and the other does not, the work reflects the rounds of negotiation that follow. Spousal support is squarely on the table — § 61.079(4)(a)4. permits the parties to contract for “[t]he establishment, modification, waiver, or elimination of spousal support” — which is exactly why it is the most negotiated term in the document.
Why does owning a business change the work so much?
This is the paragraph that explains most high-tier results, and it comes from the equitable distribution statute rather than the prenup statute.
“The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.” — Fla. Stat. § 61.075(6)(a)1.b.
Read that against § 61.075(6)(b)1., which makes assets acquired before the marriage nonmarital. The company you founded before the wedding stays yours. The growth it produces because you ran it during the marriage does not — that enhancement is a marital asset subject to division. For a founder, an owner-operator, or a professional in practice, the asset most people assume is safe is the one most exposed.
A prenup can fix this, because § 61.079(4)(a)1. lets the parties contract about “[t]he rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.” Doing it properly means defining the entity, the valuation date, the treatment of later grants and dilution, and what happens on a sale. That is drafting work, and it is why business and equity answers move the tier hardest. See prenups for startup founders and equity owners and dividing a business in a Florida divorce.
Does each side need its own lawyer, and does that change the work?
Florida does not require it. There is no provision anywhere in § 61.079 conditioning enforceability on independent counsel, and an agreement is not invalid because one party signed without a lawyer. What the statute does say is that enforcement fails if the challenging party proves they “did not execute the agreement voluntarily” (§ 61.079(7)(a)1.) or that the agreement “was the product of fraud, duress, coercion, or overreaching” (§ 61.079(7)(a)2.). Those are fact questions decided years later, on whatever record exists.
One practical consequence: a single lawyer cannot represent both prospective spouses on a prenuptial agreement, so the reviewing party’s review is a separate engagement. That is why the estimator asks which side you are on before anything else.
How close to the wedding is too close?
There is no statutory waiting period. § 61.079 imposes no minimum interval between signing and the ceremony, and § 61.079(5) simply provides that the agreement “becomes effective upon marriage of the parties.” So the honest answer is that nothing automatically fails because you signed late.
The problem is evidentiary, not statutory. An agreement produced under time pressure hands the challenging spouse a ready-made narrative for a (7)(a)1. voluntariness attack or a (7)(a)2. duress and overreaching attack. It also compresses the disclosure work into days, which is where mistakes get made. Urgency raises the tier in this estimator for both reasons: rush work costs more to produce, and it produces a weaker document.
Starting three or more months out removes the argument entirely and is the single most effective thing you can do to reduce both the work and your risk.
What does Fla. Stat. § 61.079 actually require of a Florida prenup?
Florida’s premarital agreement statute is the Uniform Premarital Agreement Act, codified at Fla. Stat. § 61.079. Every driver in the estimator traces to a specific subsection of it, or to the equitable distribution statute it is written against.
What formalities does § 61.079(3) impose?
“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)
Section 61.079(3) supplies the basic formality: a writing signed by both parties. Other statutes may add formalities for particular provisions, including death-time waivers under § 732.702. The calculator estimates matter complexity; it does not predict enforceability.
What can the parties contract for under § 61.079(4)(a)?
Eight categories, and they are broad: property rights “whenever and wherever acquired or located” ((4)(a)1.); the power to manage and dispose of property ((4)(a)2.); disposition on separation, dissolution, or death ((4)(a)3.); “[t]he establishment, modification, waiver, or elimination of spousal support” ((4)(a)4.); wills and trusts to carry out the agreement ((4)(a)5.); life-insurance death benefits ((4)(a)6.); the choice of law governing construction ((4)(a)7.); and any other matter not violating Florida public policy or a criminal statute ((4)(a)8.).
What can a Florida prenup never do?
“The right of a child to support may not be adversely affected by a premarital agreement.” — Fla. Stat. § 61.079(4)(b)
Child support belongs to the child, so the parties cannot bargain it away. There is a second limit in § 61.079(7)(b): if a spousal-support waiver would leave one party eligible for public assistance at separation or dissolution, the court may order support notwithstanding the agreement, to the extent necessary to avoid that eligibility.
On what grounds can a Florida prenup be set aside under § 61.079(7)(a)?
Three, and only three — and the burden is entirely on the party resisting enforcement, who must prove the ground. First, that “[t]he party did not execute the agreement voluntarily.” Second, that “[t]he agreement was the product of fraud, duress, coercion, or overreaching.” Third, that the agreement “was unconscionable when it was executed” and, before execution, that party:
“a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.” — Fla. Stat. § 61.079(7)(a)3.a.–c.
Note the conjunction. Sub-subparagraphs a., b., and c. are joined by “and”, not “or” — so a challenger must establish unconscionability plus all three of those conditions. A properly prepared disclosure schedule defeats a. on its own, and that is precisely the exhibit the work produces.
Who decides unconscionability?
“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)
A judge, not a jury, and as a question of law rather than fact. That matters for how these disputes are litigated and for what a well-drafted record needs to contain.
Why is the equitable distribution statute the reason people buy prenups?
Because § 61.075 is what applies if you do not have one. § 61.075(1) directs the court to “begin with the premise that the distribution should be equal,” § 61.075(6)(a)1.b. pulls marital-effort appreciation of nonmarital assets into the marital estate, and § 61.075(6)(a)1.f. sets fair market value as the standard for a closely held business and makes enterprise goodwill a marital asset the court must value. A prenup is how you replace those defaults with your own agreement. Model the default outcome with the assets-without-a-prenup tool.
Primary sources: Fla. Stat. § 61.079 · Fla. Stat. § 61.075 · Florida Courts — Family Courts
Frequently Asked Questions
Does this estimator show a dollar figure?
No, and that is deliberate. It shows a complexity tier and the specific facts driving the work, because the honest answer to “what does a prenup cost” depends on facts a form cannot see. Every engagement is scoped during a confidential consultation.
Why does drafting take more work than reviewing?
Drafting means building the agreement, preparing financial disclosure schedules relevant to Fla. Stat. § 61.079(7)(a)3., and negotiating changes the other side asks for. Reviewing means reading an agreement someone else built, testing it against § 61.079, and advising you. Reviewing is a narrower scope, so it sits lower on the tier.
Why does owning a business or equity push the tier up?
Because of Fla. Stat. § 61.075(6)(a)1.b. Assets you owned before the marriage are nonmarital under § 61.075(6)(b)1., but the enhancement in value and appreciation of a nonmarital asset “resulting from the efforts of either party during the marriage” is marital. If you run the company you owned before the wedding, the growth your own work produces is on the table. Carving that out takes precise drafting, which takes time.
Does Florida require each of us to have our own lawyer?
No. Nothing in Fla. Stat. § 61.079 requires independent counsel, and an agreement is not void because one party signed unrepresented. But § 61.079(7)(a) makes voluntariness, overreaching, and financial disclosure the battleground if the agreement is ever challenged, and those are fact questions. One lawyer cannot represent both sides of a prenuptial agreement.
How close to the wedding is too close?
Fla. Stat. § 61.079 sets no waiting period, so there is no bright line. The risk is evidentiary: § 61.079(7)(a)1. lets a court refuse to enforce an agreement the challenging spouse did not execute voluntarily, and § 61.079(7)(a)2. covers duress, coercion, and overreaching. An agreement produced days before the ceremony gives that argument facts to work with. Starting months out removes the argument.
Does a Florida prenup have to be notarized?
Fla. Stat. § 61.079(3) requires only that the agreement be in writing and signed by both parties, and it is “enforceable without consideration other than the marriage itself.” Notarization is not a statutory requirement. Many firms still notarize because it makes proving signatures easier later.
Can we decide child support in the prenup?
No. Fla. Stat. § 61.079(4)(b) states plainly that “[t]he right of a child to support may not be adversely affected by a premarital agreement.” Spousal support is different — § 61.079(4)(a)4. expressly allows the parties to establish, modify, waive, or eliminate it.
On what grounds can a Florida prenup be thrown out?
Fla. Stat. § 61.079(7)(a) lists three, and the party attacking the agreement carries the burden: (1) the party did not execute it voluntarily; (2) it was the product of fraud, duress, coercion, or overreaching; or (3) it was unconscionable when executed and, before signing, that party was not given fair and reasonable disclosure, did not waive disclosure in writing, and did not have (and could not reasonably have had) adequate knowledge of the other party’s finances. The three conditions in (7)(a)3.a.–c. are joined by “and” — all three must be proved on top of unconscionability.
Who decides whether an agreement is unconscionable?
The judge, not a jury. Fla. Stat. § 61.079(7)(c) provides that “[a]n issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.”
Does a higher complexity tier mean my prenup is a bad idea?
The opposite. The facts that raise the tier — a company, equity that vests over time, a trust interest, children from an earlier relationship — are the facts that make an agreement worth having, because they are exactly what Florida’s equitable distribution rules would otherwise decide for you.
Related Reading
- Florida Prenuptial Agreement Attorney
- Fla. Stat. § 61.079 — Premarital Agreements, explained
- Florida Prenup Checklist
- Cost to Have a Lawyer Review a Prenup
- High-Net-Worth Prenuptial Agreements in Florida
- Do You Need a Prenup? Quiz
Statute reference: This estimator is built on Fla. Stat. § 61.079 (formalities in (3), permitted subject matter in (4)(a), the child-support limit in (4)(b), and the three enforcement grounds in (7)(a)) and on Fla. Stat. § 61.075 (marital-effort appreciation in (6)(a)1.b.).
The information and estimator on this page are for general informational purposes only and do not constitute legal advice and do not state fees. Using this tool does not create an attorney-client relationship with Pazos Law Group. Florida statutes and the application of the law change over time; please consult a licensed Florida attorney about your specific situation.
Related: What Makes a Prenup Invalid in Florida? — the three § 61.079(7)(a) grounds in detail.