Do I need my own lawyer to review a prenup in Florida?
Quick Answer: No, Florida law doesn't require it. But the lawyer who wrote the prenup works only for your fiancé, so no one in the process is looking out for you.
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenuptial and postnuptial agreements, in English or Spanish: (305) 482-1262.
Attorney advertising. General information, not legal advice. Dramatization: actors, plus Nadia Pazos as herself.
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Video transcript
0:00 Do I need my own lawyer to review a prenup in Florida?
Do I need my own lawyer to review a prenup in Florida? Florida law doesn't require it. But the lawyer who wrote it works only for your fiancé, so no one in the process is looking out for you.
0:12 My fiancé says we don't need lawyers. What do I say?
It's your decision. Florida lets each of you choose. Wanting to understand what you're signing is a fair ask. A review is about understanding the document. It isn't about trust. And once a prenup is signed, it's hard to undo.
0:25 Can we share one lawyer for the prenup?
In practice, no. In a prenup, what one of you protects, the other gives up, and one lawyer can't advise both sides of that trade. If you go without a lawyer, you may be asked to sign a line saying you were told to get one and chose not to. That line isn't advice. It just records your choice.
0:43 We're using a mediator. Do we still need lawyers?
Florida law doesn't require lawyers, but a mediator has a different job. A mediator stays neutral, helps you both reach an agreement, and isn't your lawyer. So even with a mediator, a lawyer who works only for you can review the draft.
0:57 How long does a prenup review take?
It depends on the draft: how long it is, how complete the financial list is, and how many changes you ask for. Changes can mean a few rounds of drafts between the lawyers. So start as soon as the draft arrives, and don't sign on the day you're asked to.
1:12 What does a prenup review actually do?
A lawyer of your own reads the draft for you, and explains each right you'd give up, in plain words. They check the list of your fiancé's finances, and the signing steps. And they can ask for changes while there's still time before the wedding.
1:26 Does my lawyer have to be in Florida?
If the prenup uses Florida law, it makes sense to have a lawyer who knows Florida law read it. That's true even if you live in another state, because the prenup's choice of law decides which rules apply. Reviews can often be done by video.
1:41 What if I sign without a lawyer and regret it?
Once it's signed, a prenup is hard to undo. A prenup can be challenged in some situations, like pressure or missing financial disclosure. But that's not something to plan on. So the time to ask your own lawyer is before you sign. Pazos Law Group does independent prenup reviews, in Coral Gables or by video, in English and Spanish. Visit pazoslawgroup.com. Attorney advertising. General information, not legal advice.