Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Florida — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Florida under Fla. Stat. § 61.079, the state's version of the Uniform Premarital Agreement Act.
Florida adopted the Uniform Premarital Agreement Act effective October 1, 2007, codified at Fla. Stat. § 61.079. The agreement must be in writing and signed by both parties, is enforceable without consideration, and takes effect on marriage. Florida's version is slightly tougher on bad behavior than the model act: § 61.079(7) lets a spouse challenge an agreement that was the product of fraud, duress, coercion, or overreaching — grounds Florida courts developed in pre-2007 case law like Casto v. Casto and carried into the statute. Agreements signed before October 2007 are still judged under that case law.
A Florida prenup is enforceable when it is in writing, signed by both parties, entered voluntarily with fair financial disclosure, and free of fraud, duress, coercion, or overreaching.
Fla. Stat. § 61.079(4) requires a written agreement signed by both parties. No consideration is needed — the marriage itself is enough.
The base statute doesn't demand it, but waiving spousal estate and homestead rights — which nearly every real prenup does — requires two subscribing witnesses under Fla. Stat. § 732.702. Signing before a notary and two witnesses closes every formality gap at once.
Florida names these defenses explicitly in § 61.079(7)(a). A prenup presented for the first time days before a Florida wedding invites an overreaching claim; an early, unhurried signing defuses it.
An unconscionable agreement fails if the challenging spouse wasn't given fair and reasonable disclosure of property and debts, didn't waive disclosure in writing, and couldn't reasonably have known the other's finances.
| Governing statute | Uniform Premarital Agreement Act — Fla. Stat. § 61.079 |
|---|---|
| Property division | Equitable distribution |
| Notarization | Required — sign before a notary with two witnesses (the formality needed to waive estate and homestead rights) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Post-divorce alimony can be waived; temporary support during the case cannot |
See how Florida's signing formalities compare in our prenup notarization requirements by state guide.
Florida courts set aside prenups that were the product of fraud, duress, coercion, or overreaching, or that were unconscionable and signed without fair financial disclosure.
Fla. Stat. § 61.079(7) puts the burden on the spouse challenging the agreement, but Florida gives that spouse a longer menu of arguments than most UPAA states — overreaching in particular sweeps in one-sided bargaining tactics that fall short of outright duress. Florida courts also police one boundary no prenup can cross: under Belcher v. Belcher, a spouse cannot waive temporary support, temporary attorney's fees, or suit money while the divorce itself is pending, because that obligation belongs to the marriage, not the settlement. A fully disclosed, properly witnessed Florida prenup signed well before the wedding survives all of it.
Trusted Prenup creates a state-specific Florida prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Florida attorney-drafted prenup commonly costs $2,500–$10,000+. Trusted Prenup creates a state-specific Florida prenup online for a flat $599, with online notarization and attorney review available as add-ons.
Fla. Stat. § 61.079 itself only requires a signed writing — but waiving estate and homestead rights, which most prenups do, requires two subscribing witnesses under Fla. Stat. § 732.702. Your Trusted Prenup includes the witness attestation block, and we recommend adding online notarization at checkout as proof of authenticity.
Yes. Florida allows challenges for fraud, duress, coercion, or overreaching, and for unconscionability paired with a failure of financial disclosure. Full disclosure, proper witnessing, and an early signing are what make a Florida prenup hold.
Post-divorce alimony can be limited or fully waived. But under Belcher v. Belcher, temporary support and attorney's fees while the divorce is actually pending cannot be waived — Florida courts treat that as a duty of the marriage itself.
Overreaching means one party used their stronger position to obtain an unfair bargain — for example, springing a complex agreement on a fiancé days before the wedding with no chance to review it. It's a distinctly Florida ground for challenge, and the cure is simple: disclose fully and sign early.
It can. Your agreement can say how a jointly purchased home, its mortgage, and its appreciation are treated at divorce or death. Florida's constitutional homestead protections add wrinkles for the marital home, which is exactly why the agreement should address it explicitly.
Yes — Florida enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Florida's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Florida law and not a substitute for advice from a licensed attorney about your situation.