How to Get a Prenup in Florida: Step by Step
Quick Answer
How do you get a prenup in Florida? Decide what it should cover, exchange full financial disclosure, have each partner work with their own lawyer, draft and negotiate the terms, and sign before the wedding. Florida requires only that a premarital agreement “must be in writing and signed by both parties” (Fla. Stat. § 61.079(3)), and it “becomes effective upon marriage of the parties” (§ 61.079(5)). No notary is required by § 61.079, but a waiver of rights at death must be signed in front of two witnesses (§ 732.702(1)).
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenups step by step, in English or Spanish: (305) 482-1262.
Step 1: Decide What the Prenup Should Cover
Florida lets the couple contract about, among other things (§ 61.079(4)(a)):
- property “whenever and wherever acquired or located” (item 1), including how it is divided “upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event” (item 3);
- “The establishment, modification, waiver, or elimination of spousal support” (item 4);
- “The ownership rights in and disposition of the death benefit from a life insurance policy” (item 6);
- “The choice of law governing the construction of the agreement” (item 7).
One limit is fixed: “The right of a child to support may not be adversely affected by a premarital agreement” (§ 61.079(4)(b)). A practical first list: each partner’s home, business, retirement accounts, expected inheritances, debts, and what should happen to income earned during the marriage. See what a Florida prenup can include under § 61.079(4).
Step 2: Exchange Financial Disclosure
Disclosure is where most challenges start. A court may refuse to enforce an agreement that was “unconscionable when it was executed” if, before signing, the challenging party “Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party”, did not waive further disclosure in writing, and did not have adequate knowledge (§ 61.079(7)(a)3.). Most agreements attach a schedule of each partner’s assets, debts and income. See financial disclosure for a Florida prenup.
Step 3: Each Partner Works With Their Own Lawyer
§ 61.079 does not require a lawyer, but one lawyer represents one partner. The usual pattern is that one side’s lawyer drafts and the other side’s lawyer reviews, explains and proposes changes. See do both parties need a lawyer for a prenup.
Step 4: Draft, Review and Negotiate
The first draft is a proposal. The reviewing partner can ask for changes to support terms, to what stays separate, or for fuller disclosure, and the drafts go back and forth until both agree. See how to ask for changes to a prenup before you sign.
Step 5: Sign the Agreement
The formality rule is one sentence: a premarital agreement “must be in writing and signed by both parties” (§ 61.079(3)). If the agreement waives rights at death, such as the elective share or homestead, that waiver must be “signed by the waiving party in the presence of two subscribing witnesses” (§ 732.702(1)), so most signings include two witnesses. See notary and witness rules.
Step 6: Leave Time Before the Wedding
§ 61.079 sets no deadline before the wedding, and the agreement “becomes effective upon marriage of the parties” (§ 61.079(5)). Time still matters, because 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.). Starting early leaves room for disclosure, review and changes. See how long before the wedding to sign a prenup.
After the Wedding
Keep the signed original and the disclosure schedules. After marriage, the agreement “may be amended, revoked, or abandoned only by a written agreement signed by the parties” (§ 61.079(6)). Couples who did not sign before the wedding can consider a postnuptial agreement.
Frequently Asked Questions
What is the first step to getting a prenup in Florida?
Make a list of what each of you owns, owes and expects to receive, and what you want the agreement to cover, then talk with a lawyer. § 61.079(4)(a) lists what the agreement can address, from property “whenever and wherever acquired or located” to spousal support. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, helps couples start a Florida prenup, in English or Spanish: (305) 482-1262.
Does a Florida prenup have to be notarized?
Not under § 61.079(3), which asks only for a writing signed by both parties. A waiver of rights at death needs two subscribing witnesses under § 732.702(1).
Can we get a prenup in Spanish?
Pazos Law Group works with couples in English or Spanish, and Nadia Pazos can explain every clause in either language. If one partner reads only one of the two languages, tell us at the start so the drafts and disclosure can be prepared with that in mind.
Can we still get one if the wedding is soon?
§ 61.079 sets no deadline, but a rushed signing can raise voluntariness questions under § 61.079(7)(a). Contact a lawyer as soon as the wedding date is set or a draft arrives.
We are already married. Is it too late?
A prenup is made “in contemplation of marriage and to be effective upon marriage” (§ 61.079(2)(a)). After the wedding, the equivalent is a postnuptial agreement.
Primary Sources
- Fla. Stat. § 61.079 — premarital agreements (definitions, formalities, content, effect of marriage, amendment, enforcement).
- Fla. Stat. § 732.702 — waiver of spousal rights, including the two-witness rule.