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

Attorney Nadia Pazos
Nadia PazosAV Preeminent® · Licensed in Florida & New York · Bilingual
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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.

Pazos Law Group, a family law firm in Coral Gables, independently reviews prenups drafted by the other side’s lawyer for clients across Florida, in English or Spanish: (305) 482-1262.

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. Tell us your wedding date — the independent review is scheduled to leave time to negotiate changes before the wedding.

Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, independently reviews prenups drafted by the other side’s lawyer, in English or Spanish: (305) 482-1262.

My Fiancé Wants Me to Sign a Prenup. Should I? (Florida) (video)

Attorney advertising. General information, not legal advice. Dramatization: stock footage with actors, plus Nadia Pazos as herself.

Video transcript

0:00 My Fiancé Wants Me to Sign a Prenup. Should I? (Florida)

My fiancé wants me to sign a prenup. Should I? Not yet. Their lawyer just emailed it to you, and the wedding is weeks away. First, find out what you'd be giving up, ideally with your own, independent lawyer.

0:12 My fiancé's lawyer sent me a prenup. Who do they work for?

That lawyer works for your fiancé, not for you. Their job is to protect your fiancé's interests, not yours. They represent your fiancé, and can't advise you about your own interests.

0:25 What could I be giving up?

A prenup can make you give up rights you'd otherwise have. One: your share of property in a divorce, including money either of you earns during the marriage. Two: alimony. A prenup can limit it, or rule it out. Three: your rights if your spouse dies. In Florida, a surviving spouse can usually claim thirty percent of the elective estate, a specially defined pool of assets, even if the will leaves them out.

0:50 Do I need my own lawyer to review a prenup in Florida?

Florida law doesn't require you to have your own lawyer. Signing without your own lawyer doesn't automatically make a prenup invalid. Other rules can apply, like two witnesses when you give up inheritance rights. And once it's signed, it's hard to undo.

1:05 What should I check before signing a prenup?

First: what stays yours. Check whether it covers your income, and whether the rules work both ways. Second: every right you give up. Alimony. Rights if your spouse dies. Find each one. Third: ask for a clear list of their assets, debts and values. Have your own lawyer explain any clause waiving further financial disclosure before you sign.

1:29 How long before the wedding should I sign a prenup?

Florida doesn't set a number. There's no waiting period. But timing still matters. So start the review as soon as the draft arrives, and don't sign on the day you're asked to.

1:39 How do I ask for changes to a prenup before signing?

You can ask for changes to the alimony terms, to what stays separate, or for a fuller list of their finances. Your lawyer can send your fiancé's lawyer the changes in writing, before you sign. Pazos Law Group does independent prenup reviews, in Coral Gables or by video, in English and Spanish. Visit pazoslawgroup.com. Attorney advertising. General information, not legal advice.

Want to talk it through? Book a consult or call 305-482-1262.

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.

Your Fiancé’s Lawyer Sent You a Draft: What to Do Before You Sign

This is the most common reason people contact us. In our 2026 inquiry data, 8 of 31 prenup inquiries asked for review of a draft someone else’s lawyer prepared, and 3 of 6 new prenup callers asked the same (methodology).

  1. Don’t sign yet. Florida sets no minimum time before the wedding, but the circumstances of signing matter if the agreement is later challenged as involuntary under § 61.079(7)(a)1.
  2. Ask for the complete package: the draft plus every financial-disclosure schedule and exhibit. Fair and reasonable disclosure is one of the grounds a court weighs under § 61.079(7)(a)3.
  3. Check what you give up at death, not only at divorce. A waiver of a spouse’s rights at death must meet the two-witness rule of § 732.702.
  4. Get your own lawyer. Your fiancé’s lawyer represents your fiancé; one attorney cannot ethically represent both of you.
  5. Tell us your wedding date when you contact us, so the review and any negotiation can fit before the ceremony.

Not a Florida resident? § 61.079 contains no residency condition, and a Florida prenup may state the law that governs it (§ 61.079(4)(a)). See timing and residency.

Want to talk it through? Book a consult or call 305-482-1262.

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.

Marrying in Miami? See our Miami prenup lawyer page.

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.

Wedding in a few weeks? Florida sets no minimum time between signing a prenup and the ceremony: § 61.079 has no waiting period. The deadline is the wedding itself, because the agreement “becomes effective upon marriage of the parties” (§ 61.079(5)); signed afterwards, it is a postnuptial agreement instead. The real risk of a late signing is § 61.079(7)(a), which lets a spouse challenge an agreement that was not signed voluntarily. Florida residents should also allow for the 3-day wait between the marriage license and the ceremony, unless both complete a state-approved premarital course; non-residents have no wait. See Florida prenup timing: the 3-day wait and the 60-day license.

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?

Preparing the agreement with a mediator instead of a drafting lawyer? See what a mediator can and cannot do for each of you, and what independent review of a mediated draft checks.

Consultations in person or by video. Meet Nadia at our Coral Gables office or by video from anywhere — useful if you live outside Florida, abroad, or your fiancé(e) is overseas. Consultations are available in English and Spanish.

What Our Clients Say

★★★★★

“I needed a prenup drafted and wasn’t sure who to trust. A friend referred me to Pazos Law Group. The experience was smooth and painless. Very responsive and helpful.”

— Jordan, Google Review, September 2026
★★★★★

“Having never used an attorney before, I was unsure of the whole process and a bit intimidated. While handling my agreement, I was always kept in the loop… Everything was always explained in layman’s terms.”

— Chelsea Steel, Google Review

Read more Google reviews →

Reviews reflect the experiences of individual clients. Past results do not guarantee a similar outcome.

Verify Nadia Pazos’s credentials on third-party sites: The Florida Bar member profile (No. 89160, admitted 2011) · New York attorney registration search (NY Unified Court System) · Super Lawyers profile (selected to Super Lawyers, 2024; Rising Stars, 2018–2019) · Martindale-Hubbell profile (AV Preeminent peer rating) · Avvo · Justia.

Frequently Asked Questions

We already wrote our own prenup draft, or used an online template. Can you review it and make the changes?

Yes. With the Review, Redlines and Negotiation option, we review the draft you already have against § 61.079, propose revisions in writing and, if your partner has a lawyer, communicate with that lawyer within the scope of the engagement. A self-written draft can become a valid agreement, because § 61.079(3) requires only a writing signed by both parties, but it should be checked for the financial disclosure that matters under § 61.079(7)(a)3. and for the two-witness rule § 732.702(1) sets for waivers of rights at death. We represent one of you; your partner should have a separate lawyer. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, reviews and revises prenup drafts, in English or Spanish: (305) 482-1262.

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.

The draft has a sunset clause and a full alimony waiver. Is that normal in Florida?

Both are terms Florida law allows, and neither is required. A premarital agreement may address “the establishment, modification, waiver, or elimination of spousal support” (Fla. Stat. § 61.079(4)(a)4.) and the disposition of property upon “the occurrence or nonoccurrence of any other event” (§ 61.079(4)(a)3.), which is how a sunset date or anniversary trigger usually works. The questions are about this draft: does the sunset end the whole agreement or only some terms, what happens to property acquired before it, and is the alimony waiver total, a cap, or a set duration? A court may override a support waiver only to the extent needed to keep a spouse off public assistance (§ 61.079(7)(b)), so read the waiver as written. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, reviews drafts like this in English or Spanish: (305) 482-1262.

Their lawyer says the prenup is standard and won’t accept any changes. Can I still negotiate?

Yes. Florida law does not prescribe a standard prenup: § 61.079 sets formalities and limits, not required terms, and nothing obliges you to sign the first draft. You can propose a markup, ask for fuller financial disclosure, or ask for more time. An agreement is unenforceable if the party challenging it proves it was not signed voluntarily or was the product of “fraud, duress, coercion, or overreaching” (§ 61.079(7)(a)1.–2.), so a take-it-or-leave-it draft close to the wedding is a reason to slow down, not to sign. If the other side still refuses, you can decline, postpone the signing, or consider a postnuptial agreement after the wedding. Pazos Law Group reviews drafts and, if you want, negotiates directly with the drafting lawyer, in English or Spanish: (305) 482-1262.

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.