My Fiancé Wants Me to Sign a Prenup. Should I? (Florida)
Quick Answer: Not yet. Your fiancé’s lawyer works only for your fiancé and cannot advise you. Before you sign, find out what you would be giving up — property rights, alimony and rights at death — ideally with your own, independent Florida lawyer.
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, independently reviews prenups drafted by the other side’s lawyer, in English or Spanish: (305) 482-1262.
Attorney advertising. General information, not legal advice. Dramatization: stock footage with actors, plus Nadia Pazos as herself.
Next steps: get an independent prenup review, go through what to check before you sign, or read the Florida prenuptial agreement guide.
Video transcript
0:00 My Fiancé Wants Me to Sign a Prenup. Should I? (Florida)
My fiancé wants me to sign a prenup. Should I? Not yet. Their lawyer just emailed it to you, and the wedding is weeks away. First, find out what you'd be giving up, ideally with your own, independent lawyer.
0:12 My fiancé's lawyer sent me a prenup. Who do they work for?
That lawyer works for your fiancé, not for you. Their job is to protect your fiancé's interests, not yours. They represent your fiancé, and can't advise you about your own interests.
0:25 What could I be giving up?
A prenup can make you give up rights you'd otherwise have. One: your share of property in a divorce, including money either of you earns during the marriage. Two: alimony. A prenup can limit it, or rule it out. Three: your rights if your spouse dies. In Florida, a surviving spouse can usually claim thirty percent of the elective estate, a specially defined pool of assets, even if the will leaves them out.
0:50 Do I need my own lawyer to review a prenup in Florida?
Florida law doesn't require you to have your own lawyer. Signing without your own lawyer doesn't automatically make a prenup invalid. Other rules can apply, like two witnesses when you give up inheritance rights. And once it's signed, it's hard to undo.
1:05 What should I check before signing a prenup?
First: what stays yours. Check whether it covers your income, and whether the rules work both ways. Second: every right you give up. Alimony. Rights if your spouse dies. Find each one. Third: ask for a clear list of their assets, debts and values. Have your own lawyer explain any clause waiving further financial disclosure before you sign.
1:29 How long before the wedding should I sign a prenup?
Florida doesn't set a number. There's no waiting period. But timing still matters. So start the review as soon as the draft arrives, and don't sign on the day you're asked to.
1:39 How do I ask for changes to a prenup before signing?
You can ask for changes to the alimony terms, to what stays separate, or for a fuller list of their finances. Your lawyer can send your fiancé's lawyer the changes in writing, 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.