Florida Prenuptial Agreement
Florida prenuptial agreements are governed by Florida Statute § 61.079. Courts apply single review only — unconscionability is assessed at signing, not additionally at divorce — and challengers must prove all three: unconscionability at signing, inadequate disclosure, and lack of financial knowledge. Unconscionability alone is not enough. Spousal support waivers are enforceable with a minimum of public assistance eligibility.
Bottom line: Florida earns an A grade. Single review, a tough three-part challenge standard, and a clear alimony floor at public assistnace eligibility give Florida prenups more certainty than most other states.
Florida Prenup Enforceability Rating: A
Florida Prenup Laws: Key Statutes Explained
Florida Statute § 61.079 - Uniform Premarital Agreement Act
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at signing, not at enforcement. Changed circumstances during marriage will not invalidate a valid prenup.
Unconscionability Standard
A prenup is invalid only if unconscionable at execution AND signed without fair financial disclosure (or written waiver) AND the challenging party lacked knowledge of the other's finances. All three required—unconscionability alone insufficient. Even highly one-sided agreements are upheld.
Spousal Support Public Assistance Minimum
Complete waivers of spousal support are enforceable. However, courts may override the waiver only if it would make one party eligible for public assistance at divorce.
Timing
Courts have upheld prenups signed close to weddings when negotiated over months, but Florida recommends signing a minimum of 30 days prior to the wedding. We recommend signing 60+ days before the wedding with 2-3 weeks review time to reduce challenge risk. Reach out to an attorney 4-6 months before the wedding with your PerfectPrenup.
Independent Counsel
Not required if waived in writing. However, independent counsel dramatically strengthens enforceability if challenged.
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required, or can be waived in writing (both included).
High Burden to Challenge
Only three defenses allowed: involuntary execution, fraud/duress/coercion/overreaching, or unconscionability with inadequate disclosure. Equitable defenses (laches, estoppel) remain available. Challenging party bears the burden of proof.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Florida Prenuptial Agreement Court Cases
Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015)
Florida Supreme Court holds broad prenuptial language waiving "all rights and claims" to spouse's property encompasses assets acquired during marriage and appreciation without specifically mentioning earnings or enhanced value; establishes Florida's strong pro-enforcement approach.
Felice v. Felice, 188 So. 3d 224 (Fla. 2d DCA 2016)
Applying Hahamovitch, court held prenup stating husband "entitled to any and all equity" in premarital home waives wife's claim to $197,226 appreciation; broad waiver language encompasses enhanced value without specific mention.
Kellar v. Estate of John W. Kellar, 257 So. 3d 1044 (Fla. 4th DCA 2018)
Prenuptial agreements enforced as contracts in probate; decedent can change will despite prenup requiring bequest to spouse, but breach creates enforceable contract claim against estate.
Famiglio v. Famiglio, 268 So. 3d 980 (Fla. 2d DCA 2019)
Prenups interpreted using contract principles with plain meaning; "a petition for dissolution" means first petition filed, not any later petition, preventing manipulation of alimony calculations through strategic filing and dismissal.
Estate of Geannopulos v. Geannopulos (Fla. 4th DCA 2019)
Prenups can only be modified by written agreement signed by both parties per § 61.079(6); unilateral actions like trust provisions cannot modify prenuptial waivers (elective share waiver remained enforceable despite husband's trust).
Francavilla v. Francavilla, 969 So. 2d 522 (Fla. 4th DCA 2007)
Prenuptial agreement upheld despite wife's claims of duress where parties negotiated terms for months with attorneys, husband provided financial disclosure, and agreement was fair when measured by circumstances at time of execution.
Waton v. Waton, 887 So. 2d 419 (Fla. 4th DCA 2004)
Prenuptial agreement enforced where wife received agreement two weeks before wedding, husband disclosed terms and assets beforehand, agreement contained financial information, and no duress was proven despite wife's lack of independent counsel.
Wilson v. Wilson, 2019 WL 3808162 (Fla. 4th DCA 2019)
Prenups can only be modified by written agreement signed by both parties per § 61.079(6); unilateral actions like trust provisions cannot modify prenuptial waivers (elective share waiver remained enforceable despite husband's trust).
5-Step Checklist: How to Sign & Execute a Prenup in Florida
Step 1: Download and read the Florida prenuptial agreement
Start with our free template. It is written for Florida-specific statutes and case law under Florida Statute § 61.079 (Uniform Premarital Agreement Act). Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. Florida courts have invalidated agreements presented 3 days before the wedding (Hjortaas) and 24 hours before (Lutgert) — last-minute pressure is one of the most successful challenge grounds in Florida.
Step 5: Sign before two witnesses and a notary, and store the agreement
Florida has a stricter execution requirement than most states: both parties must sign before two witnesses simultaneously — not just a notary. Both attorneys present can serve as the two witnesses and notarize on the spot, satisfying all requirements in one signing ceremony. An unsigned or improperly witnessed agreement is invalid regardless of everything else. Each party keeps a signed original, and so should each party's attorney. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
Florida Prenuptial Agreement: Frequently Asked Questions (2026)
What is a prenuptial agreement?
A legal contract signed before marriage that determines how assets, debts, and finances are handled if the marriage ends. We recommend assets and debts are kept separate, unless held jointly, where they are split 50/50. Alimony can be modified to incentivize larger and longer families, rather than divorce. A privacy clause allows the growth of an intimate, trusting relationship. A dispute resolution clause can move things out of an expensive courtroom and into mediation or arbitration, lowering conflict to maintain a workable relationship.
How much does a prenup cost in Florida?
Attorney-drafted from scratch: $1,500–$5,000+ per side. The smarter approach: start with our free Florida template, make changes with an AI like Claude, then hire an attorney only to review and assist with signing. The bill should be around $500 per side.
Are prenups enforceable in Florida?
Yes — Florida is one of the strongest prenup enforcement states in the country, earning an A rating. Courts review unconscionability only at signing — not at divorce — and there are only three narrow grounds to challenge an agreement. Florida courts have consistently upheld even heavily one-sided prenups when executed cleanly, and the Supreme Court's ruling in Hahamovitch (2015) confirmed that broad waiver language is enforced as written.
What makes a prenup invalid in Florida?
Under § 61.079(7)(a), only three grounds: (1) involuntary execution, (2) fraud, duress, coercion, or overreaching, or (3) unconscionability at signing combined with inadequate financial disclosure and no written waiver of disclosure. All three elements of ground #3 must be proven simultaneously — unconscionability alone is not enough. The most commonly litigated ground is duress from last-minute presentation: courts invalidated agreements in Hjortaas (3 days' notice, no attorney) and Lutgert (24-hour ultimatum). Leave out child custody and support entirely — Florida courts will not enforce them and they can invalidate the rest of the agreement.
Do I need a lawyer to get a prenup in Florida?
Not technically — Florida does not require independent counsel. However, the absence of counsel weighs heavily toward a duress or involuntary execution finding when the agreement is challenged, particularly if the signing was close to the wedding. Waton upheld a prenup where the wife had no counsel but received the agreement two weeks before the wedding. Hjortaas struck one where no counsel and only 3 days were given together. Both sides having separate attorneys is the single most effective protection against a voluntariness challenge. Use the template to cut drafting costs — don't skip the attorney.
What should a Florida prenuptial agreement include?
Our Florida template is built around six core principles:
- Separate property — assets and debts stay with the party who acquired them, minimizing conflict
- Joint assets and debts — anything both parties sign for together is split 50/50
- Marital home — ownership is tracked as a percentage of contribution, so each party gets back what they put in
- Spousal support — structured to incentivize larger families and longer marriages, not divorce
- Full financial disclosure — all assets, debts, and income over $1,000, listed in the exhibits, satisfying Florida § 61.079(7)(a)(3)
- Privacy clause — keeps financial and personal details private, supporting a trusting relationship
Leave out child custody and support entirely — Florida courts will not enforce them and they can invalidate the rest of the agreement.
Does Florida's property law affect my prenup?
Yes. Florida is an equitable distribution state — without a prenup, courts divide marital assets and debts based on what is fair, not necessarily 50/50. A prenup lets both parties define in advance which assets stay separate, preventing a judge from exercising that discretion. One Florida-specific drafting point worth knowing: Hahamovitch (2015) established that broad waiver language — such as waiving "all rights and claims" to a spouse's property — is enforced to include appreciation and earnings acquired during the marriage, even without explicitly naming them. Draft broadly and specifically.
How far in advance should I get a prenup in Florida?
Sign 60+ days before the wedding. Give your spouse 1-2 weeks to review with their own attorney — Florida courts have invalidated agreements presented 3 days before the wedding (Hjortaas) and 24 hours before (Lutgert). Florida recommends a minimum of 30 days, but 60+ is far safer. Contact an attorney 4–6 months before the wedding. Best practice: sign before proposing — no time pressure, and you'll know this is the person who wants marriage, not divorce.
Does a Florida prenup require witnesses?
Yes — and this is one of Florida's most important execution requirements. Both parties must sign before two witnesses simultaneously. This is stricter than most states, which require only signatures and notarization. The practical solution: have both attorneys serve as the two witnesses at the signing ceremony. A prenup executed without two proper witnesses risks being invalid regardless of how well it is drafted. Do not skip this step.