How Do I Ask for Changes to a Prenup Before I Sign? (Florida)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 13, 2026

Already married and want to change a signed prenup? That is a different question: see can a prenup be changed after marriage in Florida.

First, Know What the Draft Does

Before asking for anything, read the draft with your own lawyer and list what it does to you: what stays separate, what happens to income and property acquired during the marriage, whether spousal support is limited or waived, and whether you give up rights at death. See what to check before signing a prenup.

What You Can Ask to Change

Anything the statute lets the couple contract about can be negotiated (§ 61.079(4)(a)). The most common requests:

• Fuller financial disclosure. Ask for a complete schedule of the other partner’s assets, debts and income. Disclosure matters later: a court may refuse to enforce an unconscionable agreement if the challenging party “Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party” and did not waive it in writing or otherwise know (§ 61.079(7)(a)3.).
• Spousal support. The agreement may address “The establishment, modification, waiver, or elimination of spousal support” (§ 61.079(4)(a)4.), so a full waiver in a draft is a starting position, not a requirement. See can a prenup waive alimony in Florida.
• What stays separate. The property terms cover property “whenever and wherever acquired or located” (§ 61.079(4)(a)1.), including a home bought together, income earned during the marriage, or growth in a business.
• Rights at death. A waiver of the elective share or homestead is optional and needs two subscribing witnesses (§ 732.702(1)); you can ask to remove or limit it.
• Life insurance. The agreement may address “The ownership rights in and disposition of the death benefit from a life insurance policy” (§ 61.079(4)(a)6.).

One thing cannot be negotiated away: “The right of a child to support may not be adversely affected by a premarital agreement” (§ 61.079(4)(b)).

How to Ask

• In writing, through your lawyer. A marked-up draft (redline) or a short list of requested changes keeps a clear record of what was asked and agreed.
• Before signing, not after. Once signed and married, changes require “a written agreement signed by the parties” (§ 61.079(6)).
• Leave time. § 61.079 sets no deadline, but an agreement can be challenged if a party “did not execute the agreement voluntarily” or if it was “the product of fraud, duress, coercion, or overreaching” (§ 61.079(7)(a)1.–2.). Start as soon as the draft arrives. See how long before the wedding to sign.
• Get a revised draft. Sign only the final version that reflects what was agreed, with the disclosure schedules attached.

“Their Lawyer Says It’s Standard”

§ 61.079 contains no standard form; the content is whatever the couple agrees to within the statute. A lawyer who drafted the agreement for your fiancé(e) represents your fiancé(e). Your own lawyer can explain which terms are common and which are unusually one-sided, and how to raise them. See independent prenup review.

Frequently Asked Questions

Primary Sources

• Fla. Stat. § 61.079 — premarital agreements (formalities, content, amendment, enforcement).
• Fla. Stat. § 732.702 — waiver of spousal rights.

Related Reading

• Florida prenup review attorney
• What to check before signing a prenup
• Do I need my own lawyer to review a prenup?
• How to get a prenup in Florida: step by step
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