Waiving Financial Disclosure in a Florida Prenup: Fla. Stat. § 61.079(7)(a)3 (2026)
Quick Answer
Can a prenup be thrown out because one side did not disclose everything? Not on that fact alone. Under Fla. Stat. § 61.079(7)(a)3., the challenger must prove the agreement “was unconscionable when it was executed” and that, before signing, they (a) were not given fair and reasonable disclosure, (b) did not “voluntarily and expressly waive, in writing,” disclosure beyond what was provided, and (c) did not have, and could not reasonably have had, adequate knowledge of the other party’s finances. The three conditions are joined by “and,” so a valid written waiver defeats this ground. It does not defeat the separate grounds of involuntary signing or fraud, duress, coercion or overreaching in (7)(a)1.–2. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, reviews prenups and disclosure waivers before you sign, in English or Spanish: (305) 482-1262.
§ 61.079(7)(a) — Exact Text
“(a) 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; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, 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.”
Source: Fla. Stat. § 61.079 (Florida Senate). Subsection (7)(c) adds: “An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.”
How the Three Conditions Work Together
Ground 3 has two layers. First, the agreement must have been unconscionable when signed — a question the judge decides as a matter of law under (7)(c). Second, all three disclosure conditions must be true. If any one of them is missing, ground 3 fails:
- If fair and reasonable disclosure was provided, condition (a) fails.
- If the challenger signed a voluntary, express, written waiver of further disclosure, condition (b) fails.
- If the challenger already knew, or reasonably could have known, enough about the other party’s finances, condition (c) fails.
The burden is on “the party against whom enforcement is sought” — the person trying to get out of the agreement.
What the Waiver Covers, and What It Does Not
The waiver in (7)(a)3.b. is of disclosure “beyond the disclosure provided.” It is not a waiver of everything. Three practical points follow from the text:
- It must be in writing, voluntary and express. A sentence buried in boilerplate, or a waiver signed under pressure the week of the wedding, invites an argument under (7)(a)1. or 2., which the waiver does not answer.
- It only matters under ground 3. A waiver does not cure an agreement that was not signed voluntarily, or that was the product of fraud, duress, coercion or overreaching.
- Disclosure is still the stronger position. Schedules of assets, debts and income satisfy condition (a) directly and make condition (c) hard to prove. A waiver is a backstop, not a substitute.
If You Have Been Asked to Sign a Waiver
Many of the people who contact us have a draft prenup from their fiancé(e)’s lawyer with a disclosure waiver already in it. Before signing, check:
- What has actually been disclosed, and whether it includes values, not just a list of names of accounts or companies.
- Whether the waiver is limited to disclosure “beyond the disclosure provided,” or is drafted more broadly.
- Whether you have your own lawyer, separate from the lawyer who drafted the agreement, and enough time before the wedding to ask questions and negotiate.
- What you are giving up in return — for example a waiver of alimony under § 61.079(4)(a)4. or of death rights under § 732.702.
Frequently Asked Questions
Can a Florida prenup be set aside for lack of financial disclosure?
Only under § 61.079(7)(a)3., which also requires that the agreement was unconscionable when signed, that the challenger did not waive further disclosure in writing, and that they lacked adequate knowledge of the other party’s finances.
Is a written disclosure waiver enough to make a prenup enforceable?
No. It defeats the disclosure ground in (7)(a)3., but the agreement can still be challenged as involuntary or as the product of fraud, duress, coercion or overreaching under (7)(a)1.–2.
Who decides whether a prenup is unconscionable?
The judge. § 61.079(7)(c) says unconscionability “shall be decided by the court as a matter of law.”
Should I sign a disclosure waiver my fiancé’s lawyer drafted?
Have your own lawyer read it first, together with whatever has been disclosed. Pazos Law Group reviews prenup drafts and waivers for clients in Miami-Dade, Broward and Palm Beach counties, in English or Spanish: (305) 482-1262. See our prenup review attorney page.