Practice area
Prenuptial Agreement Attorney in Florida
A prenuptial agreement is a practical tool for protecting assets you bring into a marriage and setting clear expectations. Florida law has specific requirements for enforceability — meeting them matters.
What we handle
- Drafting prenuptial agreements for one or both parties
- Reviewing a prenuptial agreement presented by your future spouse's attorney
- Protecting pre-marital real estate, businesses, and investment accounts
- Addressing alimony rights and limitations within statutory bounds
- Separate property designations and debt allocation
- Post-nuptial agreements for couples already married
Florida Uniform Premarital Agreement Act — Fla. Stat. § 61.079
Florida's prenuptial agreement law (Fla. Stat. § 61.079) is based on the Uniform Premarital Agreement Act. A prenuptial agreement must be in writing and signed by both parties. It is enforceable without consideration. The agreement may address property rights, spousal support, ownership of property on death, and any other matter not in violation of law or public policy. A court will not enforce a prenuptial agreement if the party opposing enforcement proves that: (1) the agreement was not signed voluntarily; (2) the agreement was the product of fraud, duress, coercion, or overreaching; (3) the agreement was unconscionable when executed and the opposing party was not given fair financial disclosure; or (4) the opposing party was not provided a reasonable opportunity to consult with independent counsel. Financial disclosure before signing is not legally required but strongly recommended to prevent later unenforceability claims.
How we handle prenuptial agreements
Initial consultation and disclosure review
We discuss your assets, debts, income, and goals. We recommend preparing a financial disclosure schedule to attach to the agreement — this significantly strengthens enforceability.
Draft the agreement
We prepare a comprehensive agreement addressing property division, debt, alimony provisions (if any), and any other matters you want to include. We keep the language clear and avoid overreaching provisions that could trigger an unconscionability challenge.
Exchange and negotiation
Your future spouse's attorney (or your future spouse directly) reviews the draft. We negotiate any requested changes while protecting your core interests.
Independent counsel confirmation
We recommend and document that your future spouse had the opportunity to retain independent counsel. This eliminates one of the primary enforceability challenges under § 61.079.
Execution with proper timing
The agreement should be signed well in advance of the wedding — never the day before or at the ceremony. Last-minute execution is a red flag courts scrutinize for voluntariness.
What it costs
Prenuptial agreement drafting starts at $1,495. Complex matters involving business interests, real estate portfolios, or prior family law obligations may require a higher scope estimate. We provide a fixed-scope quote at intake.
View full pricing breakdownCommon questions
What can a Florida prenuptial agreement cover?
Under Fla. Stat. § 61.079(3), a prenuptial agreement may address the rights and obligations of each party in any property, the right to buy, sell, or control property, disposition of property on separation, divorce, or death, alimony modification or elimination, and any other matter not in violation of law or public policy. A prenuptial agreement cannot affect child support obligations — those are always determined at the time of the proceeding.
Can a prenuptial agreement be voided in Florida?
Yes. A court will not enforce a prenuptial agreement if the challenging party proves it was not signed voluntarily, was the product of fraud or duress, was unconscionable at the time of signing, or was signed without adequate financial disclosure and without a reasonable opportunity for independent counsel review. Proper drafting and timing address most of these risks.
Does my future spouse need their own attorney?
Not legally required — but strongly recommended. Under Fla. Stat. § 61.079(7), one basis for challenging an agreement is that a party was not given a reasonable opportunity to consult with independent counsel. Documenting that your future spouse was offered that opportunity and declined in writing significantly strengthens enforceability.
How far in advance of the wedding should we sign?
Florida law does not specify a minimum time period, but courts look at the circumstances of signing as evidence of voluntariness. Signing weeks before the wedding (and not hours before the ceremony) gives both parties time to review without pressure and eliminates the duress argument that's difficult to overcome when agreements are executed at the last minute.
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