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Pazos Law GroupPrenups · Divorce · Family Law

Florida Prenup Review Attorney: Independent Review Before You Sign (2026)

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

Someone handed you a prenuptial agreement — a fiancé(e)’s lawyer, a family, sometimes a template from the internet — and the wedding date is real. Before you sign, one lawyer should read it who works only for you. That is the entire service described on this page: independent review of Florida prenups (and out-of-state and foreign agreements headed for Florida), in English or Spanish, anywhere in the state.

Quick Answer

What is a prenup review, and do I need one?

A prenup review is an independent attorney — representing only you — reading every clause of the draft against Fla. Stat. § 61.079 before you sign: what you are waiving, what the disclosure schedules show or leave unclear, whether the death-time waivers meet the two-witness rule of § 732.702, and what should be negotiated. Florida does not require independent counsel as a universal formality, but the circumstances before signing can matter in a later challenge under § 61.079(7)(a). Independent review gives a client confidential advice while questions and proposed changes can still be addressed. Send us the draft — independent review is typically completed within days, with time to negotiate changes before your wedding date.

Choose the Level of Review You Need

The scope, fee, and expected timeline are quoted after the firm receives enough information about the agreement, financial issues, and wedding date. No price is published because the documents and requested work vary.

Independent Review and Advice

Review of the draft and available disclosure, an attorney consultation about its effect, and discussion of possible changes. Negotiation with the drafting lawyer is outside this option unless added to the engagement.

Review, Redlines and Negotiation

The independent review plus proposed revisions and communication with the drafting lawyer, within the scope stated in the engagement letter.

Was the draft prepared abroad, or does either person live outside Florida? See our international prenup review path and our 2026 inquiry trends.

Who This Service Is For

  • You were asked to sign. The draft came from your fiancé(e)’s lawyer. That lawyer represents the other party and cannot advise you, so an independent review gives you advice about your own rights and choices before signing.
  • You have an existing prenup and Florida is now home. An agreement signed in another state or country may raise questions about governing law, Florida public policy, and execution formalities. See our guide to foreign and out-of-state prenups.
  • You want a second review of a draft prepared for you. Another review can examine disclosure schedules, timing, execution formalities, and whether the text matches the intended deal. Trust in the family? See prenups for trust beneficiaries.
  • Divorce or death has made the prenup matter. We can review what the agreement says and identify issues that may affect enforcement under applicable Florida law.

What the Review Covers

  1. The waivers. Equitable distribution, alimony (§ 61.079(4)(a)4.), elective share, homestead, intestate share and the other death-time rights — translated into plain English (or Spanish): what you would get married without the agreement, and what the draft leaves you instead.
  2. The disclosure schedules. Financial disclosure is part of the statutory test in § 61.079(7)(a)3. when unconscionability is alleged. We check what is listed, what may be missing, and what is not clearly valued.
  3. Execution formalities. The two-subscribing-witness rule of § 732.702 (preserved by § 61.079(10)) for death-time waivers, notarization practice, and a signing timeline that will not read like duress later.
  4. The one-sided clauses. Alimony waivers that leave one spouse near the public-assistance line (§ 61.079(7)(b)), attorney-fee shifting, sunset clauses that never sunset, and choice-of-law provisions pointing somewhere surprising.
  5. Proposed changes. A concrete markup or change list, and — if you want — direct negotiation with the drafting lawyer.

How Fast It Goes

Timing depends on the agreement’s length, the financial disclosure, the issues identified, whether negotiation is included, and the wedding date. The firm provides an expected timeline after reviewing the scope. If the wedding is close, contact us promptly so the available options can be assessed.

Red Flags We See Most

  • Disclosure schedules that say “various investments” instead of naming and valuing them;
  • A complete alimony waiver presented to a fiancé(e) with no income of their own;
  • Death-time waivers signed without two subscribing witnesses (§ 732.702);
  • A first draft delivered inside 30 days of the wedding, with pressure to sign as-is;
  • Foreign or out-of-state agreements assumed to “just work” in Florida;
  • No severability clause or unclear language about what happens if a provision is not enforced.

Holding a draft right now? Work through the 12 things to check before you sign, each tied to the statute that governs it.

Why Independent Counsel Is Worth It (§ 61.079(7)(a); Casto)

Florida law does not require a reviewing lawyer as a universal formality. Independent counsel gives one party confidential advice about the proposed terms, disclosure, and alternatives before signing. It can also help document that the person had an opportunity to understand the agreement. More on this on our page Do I Need My Own Lawyer to Review a Prenup?

Frequently Asked Questions

What does a prenup review actually include?

A full review reads every clause of the draft against Fla. Stat. § 61.079 and Casto v. Casto: what you are waiving (equitable distribution, alimony, elective share and other death-time rights), whether the disclosure schedules are adequate, whether the alimony provision survives § 61.079(7), whether death-time waivers meet the two-witness formality of § 732.702, and what the choice-of-law and severability clauses do. You get a written or walked-through explanation and concrete proposed changes — not just a signature blessing.

How fast can a review be done before a wedding?

The timeline is quoted after the draft, disclosure, requested work, and wedding date are reviewed. A close deadline can limit the analysis and negotiation that can responsibly be completed, so contact the firm as soon as possible.

My fiancé(e)'s lawyer says the prenup is 'standard.' Do I still need my own review?

That lawyer represents your fiancé(e), not you, and does not provide independent advice about your interests. Florida does not make separate counsel a universal formality under § 61.079(3), but independent review can help you understand waivers, disclosure, and execution requirements before signing. See our page on whether you need your own lawyer.

Can you review a prenup written in Spanish or from another country?

Yes — the practice is bilingual, and agreements from other states and countries are a core part of our review work. Foreign agreements get an additional layer of analysis: validity where signed, comity and its Florida public-policy limit (Gustafson v. Jensen), and Florida formalities for death-time waivers. See our page on foreign and out-of-state prenups.

Will you negotiate changes, or just review?

Either option is available. One engagement provides independent review and advice; another can include proposed redlines and communication with the drafting lawyer. The engagement letter states which work is included.

Official Sources & Related Reading

The information on this page is for general informational purposes only and does not constitute legal advice, and it does not address the law of any state or country other than Florida except as expressly noted. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Immigration law is federal and highly fact-specific; consult an immigration attorney about visa matters. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation, and counsel licensed in any other state or country whose law may apply.