Free Florida Prenup Guide

Thinking about a prenup? Get clear first. Our free Modern Couple’s Guide to a Florida Prenup explains what a prenuptial agreement can and cannot do, the five things that make one enforceable under Fla. Stat. § 61.079, and exactly how the process works — in plain English. Enter your name and email and we’ll send it right now.

What Florida law actually requires

Florida premarital agreements are governed by Fla. Stat. § 61.079, the state’s version of the Uniform Premarital Agreement Act. The statute sets a deliberately low bar for formation and a much higher bar for enforcement — which is why how an agreement is made matters more than how it is worded.

To be valid, a Florida prenup must be in writing and signed by both parties. It takes effect on marriage, and — unlike most contracts — it is enforceable without any separate consideration. The marriage itself is the consideration. No notary is required by the statute, though most carefully drafted agreements are witnessed and notarized anyway.

What a prenup can — and cannot — cover

Under § 61.079, couples may contract about the rights and obligations in each other’s property; the right to buy, sell, transfer, or manage property; what happens to property on separation, divorce, or death; spousal support; the making of wills and trusts to carry out the agreement; the disposition of life insurance death benefits; and which state’s law governs.

There is one hard limit worth understanding before you spend money on drafting: a premarital agreement cannot adversely affect a child’s right to support. That right belongs to the child, not to the parents, so Florida courts will disregard any provision attempting to waive, cap, or reduce it — no matter how clearly both spouses agreed. Child support is always calculated under § 61.30 at the time of the case.

When a Florida court will set a prenup aside

This is where most agreements fail, and it is almost never about the drafting. Under § 61.079, an agreement is not enforceable if the spouse resisting it proves either:

• The agreement was not executed voluntarily — or was the product of fraud, duress, coercion, or overreaching; or
• The agreement was unconscionable when it was executed and, before signing, that spouse was not given fair and reasonable disclosure of the other’s property and financial obligations, did not voluntarily waive that disclosure in writing, and did not have (and could not reasonably have had) adequate knowledge of those assets.

The Florida Supreme Court laid out the parallel grounds for setting aside marital agreements in Casto v. Casto, 508 So. 2d 330 (Fla. 1987), which remains the leading authority on challenges based on fraud, duress, coercion, overreaching, and unfair advantage.

Two practical consequences follow. First, full financial disclosure is the single best protection you can build into an agreement — it removes the second ground almost entirely. Second, timing matters: an agreement signed days before the wedding invites a voluntariness challenge in a way that one signed months out does not.

Common questions

Do we both need our own lawyer?

Florida does not require it. But independent counsel for each spouse is the strongest available evidence that signing was voluntary and informed, and it materially reduces the risk of a later challenge. One attorney cannot ethically represent both of you.

Can a prenup decide custody or time-sharing?

No. Time-sharing and parental responsibility are decided under § 61.13 based on the best interests of the child at the time of the case. Parents cannot bind a court in advance.

Can we change it after we’re married?

Yes. Under § 61.079 a premarital agreement may be amended or revoked after marriage, but only by a written agreement signed by both spouses. Also enforceable without separate consideration.

Is a prenup only worth it if we’re wealthy?

No. The most common reasons couples in South Florida sign one are a business or professional practice, a prior marriage or children from a previous relationship, significant student or business debt, expected inheritance, or one spouse pausing a career. Clarity is the point, not net worth.

This guide is general legal information, not legal advice, and does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your specific situation.