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Home › Prenuptial Agreements › Florida Prenuptial Agreement
FL UPAA Adopted

Florida Prenuptial Agreement

Florida’s prenuptial agreement law under Fla. Stat. §§ 61.079 follows the Uniform Premarital Agreement Act, requiring written execution, voluntary consent, and full financial disclosure. Florida is an equitable distribution state — marital property divided fairly but not necessarily equally, making prenups valuable for protecting pre-marital assets and business interests.

GOVERNING LAWFlorida Uniform Premarital Agreement Act
STATUTEFla. Stat. §§ 61.079
PROPERTY SYSTEMEquitable Distribution
AVG. ATTORNEY COST$1,500–$5,000

Florida Prenuptial Agreement Overview

Florida’s prenuptial agreement law under Fla. Stat. §§ 61.079 follows the Uniform Premarital Agreement Act, requiring written execution, voluntary consent, and full financial disclosure. Florida is an equitable distribution state — marital property divided fairly but not necessarily equally, making prenups valuable for protecting pre-marital assets and business interests.

Key Facts About Florida Prenuptial Agreements

  • Florida adopted the UPAA under Fla. Stat. §§ 61.079
  • Florida is an equitable distribution state — marital property divided fairly but not necessarily equally
  • Courts will void a prenup signed under duress or without proper financial disclosure
  • Both parties must sign voluntarily and with full knowledge of the other’s assets
  • Independent legal counsel for both parties is strongly recommended
  • The agreement must be in writing and signed by both parties before the wedding
  • The agreement must be presented well in advance of the wedding to avoid duress claims

What Can Be Included in a Florida Prenup?

Can Be Included

  • Rights and obligations regarding property
  • Right to buy, sell, use, transfer, or manage property
  • Disposition of property upon separation, divorce, or death
  • Modification or elimination of spousal support
  • Making of a will or trust
  • Ownership rights in a life insurance death benefit
  • Choice of law governing the agreement

Cannot Be Included

  • Child support or child custody provisions
  • Provisions that encourage divorce
  • Provisions that violate criminal law or public policy
  • Terms that are unconscionable
Attorney Recommendation: While it is possible to draft a prenuptial agreement without an attorney, Florida courts are more likely to enforce agreements where both parties had independent legal counsel. The average cost of a Florida prenuptial agreement drafted by an attorney is $1,500–$5,000.

Florida Prenuptial Agreement Laws & Requirements

Governing Statute

Prenuptial agreements in Florida are governed by Fla. Stat. §§ 61.079. As a UPAA state, Florida follows the Uniform Premarital Agreement Act, which provides a standardized framework for prenuptial agreements across adopting states.

Requirements for a Valid Prenuptial Agreement in Florida

  1. Written Agreement: The prenuptial agreement must be in writing. Oral prenuptial agreements are not enforceable in Florida.
  2. Signed by Both Parties: Both parties must sign the agreement before the wedding ceremony.
  3. Voluntary Execution: Both parties must sign voluntarily, without duress, coercion, or undue influence.
  4. Full Financial Disclosure: Both parties must fully disclose their assets, debts, and financial obligations.
  5. Executed Before Marriage: The agreement must be signed before the marriage takes place.
  6. Fair and Reasonable: Courts may void provisions that are unconscionable or grossly unfair.

Grounds for Invalidating a Florida Prenuptial Agreement

  • Signed under duress, coercion, or undue influence
  • Lack of full and fair financial disclosure
  • Signed without adequate time to review (presented too close to the wedding)
  • One or both parties lacked mental capacity
  • Provisions that are unconscionable or violate public policy
  • Failure to meet formal execution requirements

Official Resources

Florida Prenuptial Agreement Forms & Resources

Below are resources for Florida prenuptial agreement forms, official government documents, and related legal forms.

Free Florida Prenuptial Agreement Template

Our free prenuptial agreement template is designed to comply with Florida law under Fla. Stat. §§ 61.079. It includes all required provisions and can be customized to your specific situation.

Download Free Template

Official Florida Legal Resources

Related Florida Legal Forms

Find a Florida Prenuptial Agreement Attorney

Finding an experienced family law attorney in Florida is one of the most important steps in creating an enforceable prenuptial agreement. Courts are more likely to uphold agreements where both parties had independent legal counsel.

How to Find a Qualified Florida Prenup Attorney

  • Look for attorneys who specialize in family law and marital agreements
  • Both parties should have separate, independent attorneys
  • Start the process at least 3–6 months before the wedding
  • Ask about experience specifically with prenuptial agreements
  • Request a flat-fee quote rather than hourly billing when possible

Official Florida Attorney Referral Resources

Cost Estimate: The average cost of a prenuptial agreement in Florida drafted by an attorney is $1,500–$5,000. This typically includes one attorney reviewing the agreement; both parties should have separate counsel.
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