Florida-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Florida are governed by the Uniform Premarital Agreement Act, codified at Fla. Stat. § 61.079. Florida adopted the UPAA framework but modified it in important ways, so even practitioners familiar with UPAA states in general have to read Florida’s statute carefully.
Florida is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split and depends heavily on the court’s view of the facts. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
To be valid in Florida, a prenuptial agreement must be in writing and signed by both parties. No consideration beyond the marriage itself is required, and the agreement takes effect when the couple marries. Florida does not require witnesses or notarization by statute, but notarization is strongly recommended and standard practice.
Where Florida differs from most UPAA states is in how an agreement can be challenged. Under § 61.079, a premarital agreement is unenforceable if the party challenging it proves any one of three things:
Most UPAA states fold fraud, duress, and coercion into the involuntariness test. Florida lists them as their own ground, which means a Florida prenup has to clear three distinct fairness checks, not two.
There is one Florida-specific point worth being clear about. Florida’s statute does not list financial disclosure as a freestanding requirement for a prenuptial agreement to be valid. Disclosure becomes determinative only when paired with a claim of unconscionability. In practice, that does not mean disclosure is optional. Inadequate disclosure is the most common factual hook for an unconscionability challenge, and the cleanest way to make a Florida prenup defensible is full, documented disclosure on both sides. We treat full disclosure as standard for every Florida agreement we draft.
Florida’s prenup statute has a three-prong invalidation test instead of the standard UPAA two-prong test. Fraud, duress, coercion, and overreaching are their own ground for invalidation, separate from involuntariness. And although Florida does not technically require financial disclosure for a prenup to be valid, inadequate disclosure is the lever that turns most unconscionability challenges into successful ones. Full, documented disclosure is still the best protection, and we build it into every Florida agreement by default.
$150, credited toward your agreement.
Custom to Florida law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Florida does not impose a statutory waiting period or witness requirement, but we structure the process so the agreement is signed well before the wedding and with full, documented financial disclosure on both sides.
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We work with couples across Florida, from Miami, Orlando, and Tampa to Jacksonville, Fort Lauderdale, St. Petersburg, Naples, and Sarasota. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Florida-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows Florida’s three-prong fairness test, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Florida, also called a premarital agreement, is a written contract signed by two people before marriage that sets out how their property, debts, and spousal support will be handled if the marriage ends in divorce or death. These agreements are governed by the Uniform Premarital Agreement Act, codified at Fla. Stat. § 61.079, and take effect when the couple marries.
Yes. Florida enforces prenuptial agreements under Fla. Stat. § 61.079, but it uses a three-prong invalidation test that is stricter than most UPAA states. An agreement can be set aside if it was signed involuntarily, was the product of fraud, duress, coercion, or overreaching, or was unconscionable when signed without fair financial disclosure.
A valid Florida prenup must be in writing and signed by both parties, entered into voluntarily, and free from fraud, duress, coercion, or overreaching. Florida does not legally require witnesses, notarization, or financial disclosure for a prenup to be valid, but notarization and full disclosure are strongly recommended and standard practice for any agreement we draft.
At Prenups.com, a Florida prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Florida prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding, since signing under time pressure can support a later challenge based on involuntariness, coercion, or overreaching.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, the equivalent document is a postnuptial agreement. Florida does not set a fixed statutory waiting period, but signing well in advance helps demonstrate the agreement was voluntary and free from coercion or overreaching.
Yes. Under Fla. Stat. § 61.079, a Florida prenup can be set aside on three distinct grounds: that it was not signed voluntarily, that it was the product of fraud, duress, coercion, or overreaching, or that it was unconscionable when signed combined with inadequate financial disclosure. Florida’s three-prong test is broader than the standard UPAA two-prong test.
A Florida prenup can address each party’s rights in property whenever and wherever acquired, the disposition of property on separation, divorce, or death, the establishment, modification, or waiver of spousal support, life insurance and estate planning provisions, and the choice of governing law for the agreement itself.
A Florida prenup cannot adversely affect a child’s right to support, and it cannot be enforced if it was signed involuntarily, was the product of fraud, duress, coercion, or overreaching, or was unconscionable at signing without fair disclosure. It also cannot contain provisions that violate public policy or law.
Florida does not legally require each party to have a separate attorney. However, independent counsel is one of the strongest protections against later challenges based on overreaching or involuntariness, and we strongly recommend it. At a minimum, the party without counsel should have a clear, documented opportunity to obtain one.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in Florida. It can confirm that a business is non-marital property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. This is especially important for founders, partners, and professional practice owners.
Yes, and Florida holds postnuptial agreements to a stricter standard than prenuptial agreements. For a Florida postnup to waive spousal rights, Florida case law requires full and fair financial disclosure between spouses, because once married, each spouse owes the other a duty of good faith. At Prenups.com, a Florida postnuptial agreement is a flat fee of $4,500.
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