Florida Prenuptial Agreement Checklist & Cost Guide (2026)
Each item below maps to Fla. Stat. § 61.079 — the formalities in § 61.079(3), the permitted subject matter in § 61.079(4)(a), and the enforceability defenses in § 61.079(7)(a).
Quick Answer
How much does a prenup cost in Florida?
Florida prenuptial agreements are commonly handled on a flat-fee basis. Online or DIY templates cost only a few hundred dollars but are not attorney-drafted and carry a real risk of being set aside.
Use this practical checklist to plan a Florida prenuptial agreement: what to include, what a prenup cannot do, how to make it enforceable under Fla. Stat. § 61.079, and what these agreements generally cost. For full guidance, see our Florida Prenuptial Agreement Attorney page.
What to Include in Your Florida Prenup
Under § 61.079(4)(a), a Florida premarital agreement can address the matters below. Work through each item and note how you want it handled:
- Property and assets. List real estate, bank and investment accounts, retirement plans, vehicles, and valuables, and specify whether each is marital or non-marital — whenever and wherever acquired.
- Debts. Identify student loans, credit-card balances, mortgages, and business debt, and state who is responsible for each.
- Business interests. Address ownership, control, valuation, and division of any company, professional practice, or partnership interest.
- Spousal support (alimony). Decide whether to establish, modify, waive, or eliminate spousal support.
- Inheritances and gifts. Confirm that inheritances, family gifts, and family-business interests remain separate property.
- Life insurance. Address ownership and disposition of life-insurance death benefits.
- Estate planning. Coordinate wills, trusts, and other arrangements needed to carry out the agreement.
- Choice of law and forum. Select which state’s law governs and where disputes will be resolved.
- Disclosure schedules. Attach complete written financial disclosures for each party as exhibits.
What a Prenup Can’t Do
Some terms are off-limits. Under § 61.079(4)(b), a Florida prenup cannot:
- Adversely affect a child’s right to support.
- Predetermine child custody, time-sharing, or parental responsibility — those are decided under the best-interests standard of § 61.13 when the issue arises.
In addition, under § 61.079(7)(b), a spousal-support waiver will not be enforced to the extent it would leave one party eligible for public assistance; a court can order enough support to avoid that result.
How to Make It Enforceable
To hold up in a Florida court, a prenup must meet five requirements. It must:
- Be in writing.
- Be signed by both parties.
- Be entered into voluntarily, without duress or coercion.
- Be entered into with fair financial disclosure (or a valid written waiver).
- Not be unconscionable at the time of execution.
Three best practices meaningfully strengthen enforceability, even though the statute does not strictly require them:
- Full written disclosure. Exchange and attach complete schedules of assets, debts, and income. If either party waives disclosure, that waiver must be express and in writing.
- Independent counsel. Each party should have their own attorney — the strongest evidence of voluntary, informed signing.
- Sign well before the wedding. Allow several weeks for review and negotiation; a last-minute signing invites a duress challenge under § 61.079(7)(a).
Note: Florida law does not require a prenup to be notarized or witnessed. Under § 61.079(3) it only needs to be in writing and signed by both parties. Notarization is an optional best practice, not a legal requirement.
What a Florida Prenup Costs (General 2026 Ranges)
Florida prenuptial agreements are commonly handled on a flat-fee basis. The figures below are general market ranges drawn from industry data — not Pazos Law Group fees — and actual cost depends on the complexity of your assets and terms:
- Online / DIY templates: a few hundred dollars — but these are not attorney-drafted and carry a real risk of being set aside under Fla. Stat. § 61.079.
- Attorney-drafted, straightforward agreement: at an experienced firm, generally starts around $3,000.
- Complex or high-asset agreement: commonly $5,000 to $10,000+ per party, depending on businesses, trusts, and negotiated terms.
These are general industry figures only; your cost will depend on the number and complexity of assets, business interests, and negotiated terms. Pazos Law Group offers a confidential consultation to discuss your situation — specific fees are not quoted here.
Which parts of Fla. Stat. § 61.079 does this checklist implement?
Florida premarital agreements are governed by Fla. Stat. § 61.079, the state’s enactment of the Uniform Premarital Agreement Act. Everything below tracks that section.
What formalities does § 61.079(3) require?
“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)
Two requirements, and only two: a writing, signed by both. No notary is required by the statute, no witnesses, and no separate payment — the marriage itself is the consideration. § 61.079(5) makes the agreement effective upon marriage, so an agreement signed but never followed by a marriage does nothing.
What can a Florida prenup actually cover under § 61.079(4)(a)?
Eight enumerated categories: rights in any property of either party “whenever and wherever acquired or located”; the right to manage and control property; disposition of property on separation, dissolution or death; the making of a will or trust; ownership of life insurance death benefits; choice of law; any other matter not violating public policy or a criminal statute; and this one:
“The establishment, modification, waiver, or elimination of spousal support” — Fla. Stat. § 61.079(4)(a)4.
That is the clause that waives or fixes alimony in advance and displaces the § 61.08 analysis. A prenup can likewise place assets outside the marital estate, because § 61.075(6)(b)4. classifies as nonmarital anything “excluded from marital assets and liabilities by valid written agreement of the parties.”
What can a Florida prenup not do?
It cannot adversely affect a child’s right to support — § 61.079(4)(b). Child support is always determined under the § 61.30 guideline at the time of the case, and time-sharing is always determined under § 61.13(2)(c)1. and the best-interests factors in § 61.13(3). Parents cannot bargain away a child’s rights before the child exists.
When is a Florida prenup unenforceable under § 61.079(7)?
“A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that: 1. The party did not execute the agreement voluntarily; 2. The agreement was the product of fraud, duress, coercion, or overreaching…” — Fla. Stat. § 61.079(7)(a)
The third route is unconscionability at execution combined with all three of: no fair and reasonable disclosure of the other party’s property and obligations; no voluntary express written waiver of that disclosure; and no adequate knowledge of it. All three must be shown. And the question is not for a jury:
“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)
The pre-statute framework for challenging marital agreements is Casto v. Casto, 508 So. 2d 330 (Fla. 1987).
How does a prenup interact with the rest of a Florida divorce?
A Florida dissolution of marriage is governed by a small set of statutes, and each one has its own pinpoint rule. Residency is Fla. Stat. § 61.021 (one party must have resided in Florida 6 months before filing); the ground is § 61.052 (irretrievable breakdown — no fault required); property is § 61.075; alimony is § 61.08; time-sharing is § 61.13; child support is § 61.30; attorney’s fees are § 61.16 (see Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)); post-judgment changes are § 61.14; and § 61.19 bars entry of a final judgment until at least 20 days after the petition is filed, absent a showing of injustice.
Primary sources: Fla. Stat. § 61.079 · Fla. Stat. § 61.075 · Florida Courts — Family Courts
Frequently Asked Questions
How much does a prenup cost in Florida?
Florida prenuptial agreements are commonly handled on a flat-fee basis. Online or DIY templates cost only a few hundred dollars but are not attorney-drafted and carry a real risk of being set aside. A professionally drafted agreement from an experienced firm generally starts around $3,000 for a straightforward agreement and rises with complexity to $5,000–$10,000 or more per party for complex or high-asset agreements. These figures are general industry ranges, not Pazos Law Group fees, which depend on your specific situation. Pazos Law Group offers a confidential consultation.
What should be included in a Florida prenup?
Under Fla. Stat. § 61.079(4)(a), a Florida prenup can address the classification and division of property (whenever and wherever acquired), disposition on divorce, separation, or death, spousal support (establish, modify, waive, or eliminate), business interests and professional practices, inheritances and gifts, wills and trusts, life-insurance death benefits, and choice of law and forum. Complete written financial disclosure schedules should be attached.
What can a Florida prenup not include?
Under § 61.079(4)(b), a prenup cannot adversely affect a child’s right to support and cannot predetermine child custody, time-sharing, or parental responsibility. Those issues are decided under the best-interests standard of § 61.13 when they arise. A support waiver also cannot be enforced if it would leave a spouse eligible for public assistance (§ 61.079(7)(b)).
How do you make a Florida prenup enforceable?
A Florida prenup must (1) be in writing, (2) be signed by both parties, (3) be entered into voluntarily without duress or coercion, (4) be entered into with fair financial disclosure (or a valid written waiver), and (5) not be unconscionable at the time of execution. Best practices that strengthen enforceability include full written disclosure, independent counsel for each party, and signing well before the wedding.
Does a Florida prenup have to be notarized to be valid?
No. Fla. Stat. § 61.079(3) requires only that “A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.” Notarization is common practice for proof purposes but is not a statutory condition of enforceability.
Can a Florida prenup waive alimony?
Yes. § 61.079(4)(a)4. lets the parties contract about “The establishment, modification, waiver, or elimination of spousal support.” A valid waiver displaces the § 61.08 analysis, including the durational caps in § 61.08(8).
Can a prenuptial agreement decide child support or custody in Florida?
No. § 61.079(4)(b) provides that a premarital agreement may not adversely affect a child’s right to support. Child support is set under the § 61.30 guideline when the case is filed, and time-sharing is decided under § 61.13(2)(c)1. and the best-interests factors in § 61.13(3).
What makes a Florida prenup unenforceable?
Three grounds under § 61.079(7)(a): the agreement was not executed voluntarily; it was the product of fraud, duress, coercion or overreaching; or it was unconscionable when executed and the challenging party was not given fair and reasonable financial disclosure, did not expressly waive disclosure in writing, and did not otherwise have adequate knowledge. Unconscionability “shall be decided by the court as a matter of law” under § 61.079(7)(c).
Does a prenup keep property out of Florida equitable distribution?
Yes, if valid. § 61.075(6)(b)4. classifies as nonmarital any assets and liabilities “excluded from marital assets and liabilities by valid written agreement of the parties.” Without such an agreement, § 61.075(1) requires the court to begin from the premise of an equal distribution.
For the complete legal framework, read our plain-language guide to Fla. Stat. § 61.079 and our Florida Prenuptial Agreement Attorney page.
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The information on this page is for general informational purposes only and does not constitute legal advice. Cost figures are general market ranges drawn from industry data and are not quotes of Pazos Law Group’s fees. Outcomes and the enforceability of any agreement depend on the specific facts, drafting, and circumstances of each case, and no particular result is guaranteed. Using this website does not create an attorney-client relationship with Pazos Law Group. Please consult a licensed Florida attorney about your specific situation.