Florida Prenuptial Agreement Checklist & Cost Guide (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated May 2026

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:

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).
5. 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.

Frequently Asked Questions

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.