A Florida prenuptial agreement is a written contract, not a court form. Florida calls it a premarital agreement, and the rules that govern it come from a specific statute: Fla. Stat. 61.079, the Uniform Premarital Agreement Act.
Key Takeaway: A Florida premarital agreement must be in writing and signed by both parties, becomes effective once the marriage happens, and needs no separate payment or exchange to be valid. It can cover property, debts, and spousal support, but it cannot reduce a child's right to support, and it can be challenged later if one party did not sign voluntarily or was not given a fair disclosure of the other's finances.
What Is a Florida Prenuptial Agreement?
Fla. Stat. 61.079 defines a premarital agreement as an agreement between prospective spouses, made in contemplation of marriage, that becomes effective once the marriage happens. The statute is Florida's version of the Uniform Premarital Agreement Act, and it applies to proceedings under the Florida Family Law Rules of Procedure.
It is a private contract between two people, prepared and signed before the wedding, not something filed with or approved by a court at the time it is signed. A prenup only becomes relevant to a court later, if a divorce, death, or dispute puts its terms at issue.
What Can a Florida Prenup Cover?
Fla. Stat. 61.079(4) lists what parties to a premarital agreement can contract about, including:
- The rights and obligations of each spouse in property either or both of them own now or acquire later, wherever it is located
- The right to buy, sell, use, transfer, lease, mortgage, or otherwise manage and control property
- What happens to property on separation, divorce, death, or another specified event
- Establishing, modifying, or waiving spousal support
- Making a will, trust, or similar arrangement to carry out the agreement
- Ownership and disposition of life insurance death benefits
- Which state's law governs the agreement
- Any other personal right or obligation, as long as it does not violate public policy or a criminal law
One hard limit: the statute specifically says a child's right to support cannot be adversely affected by a premarital agreement, no matter what the parties agree to between themselves.
What Makes a Florida Prenup Valid to Begin With?
Two requirements, both in Fla. Stat. 61.079(3): the agreement must be in writing, and it must be signed by both parties. The statute adds that it is enforceable without any consideration other than the marriage itself, meaning neither person has to pay or give up something separate for the contract to count; the marriage happening is enough.
The agreement only takes effect once the marriage occurs. If the wedding never happens, the agreement never becomes effective.
What Makes a Prenup Enforceable in Florida?
A signed, written premarital agreement is presumed enforceable, but Fla. Stat. 61.079(7) lets a party challenge it later by proving one of the following:
- They did not sign the agreement voluntarily
- The agreement was the product of fraud, duress, coercion, or overreaching
- The agreement was unconscionable when signed, and before signing, that party was not given a fair and reasonable disclosure of the other party's property or financial obligations, did not voluntarily and expressly waive that disclosure in writing, and did not otherwise have or reasonably could not have had adequate knowledge of the other party's finances
The statute treats the question of unconscionability as a legal question for the court to decide, not a factual dispute for a jury. There is also a specific carve out for spousal support: if a provision waiving or limiting support would leave someone eligible for public assistance at the time of separation or divorce, a court can order support anyway, despite what the agreement says, to the extent needed to avoid that outcome.
If a marriage later turns out to be void, an agreement that would have been a premarital agreement is enforceable only to the extent necessary to avoid an unfair result, not automatically in full.
What Does a Florida Prenuptial Agreement Cost?
Florida law does not set or publish a price for drafting a premarital agreement, because it is a private contract rather than a court filing with a statutory fee. Cost varies by who prepares the agreement, how complex the assets and terms are, and whether each party has separate counsel review it, which is one of the factors that can matter later if enforceability is challenged. Confirm current pricing directly with any attorney or preparation service you are considering.
Do You Need a Lawyer to Draft One?
Nothing in Fla. Stat. 61.079 requires an attorney to prepare or sign a premarital agreement for it to be valid. What matters legally is that it is in writing, signed by both parties, entered voluntarily, and, where relevant, backed by a fair disclosure of each party's property and financial obligations. Because a later challenge often turns on exactly those points, disclosure and voluntariness, many people bring in a family law attorney, particularly when significant assets, a business interest, or a spousal support waiver is involved. If you are looking for a family law attorney in a specific city, such as Orlando, your local county bar association's lawyer referral service is a starting point for finding one licensed in Florida.
- Assuming a verbal agreement or a handshake deal counts; Florida requires a signed writing
- Leaving out full disclosure of assets and debts, which can later support a claim the agreement was unconscionable
- Signing under pressure close to the wedding date, without time to review or negotiate terms
- Trying to limit a child's right to support in the agreement; Florida law does not allow that
- Forgetting that changes after the wedding also require a new signed writing under Fla. Stat. 61.079(6)
Frequently Asked Questions
What is a Florida prenuptial agreement?
It is a written contract between two people who are planning to marry, made in contemplation of the marriage and effective once the marriage happens. Florida law calls this a premarital agreement, and it is governed by Fla. Stat. 61.079, the Uniform Premarital Agreement Act.
What can a prenuptial agreement cover in Florida?
Under Fla. Stat. 61.079(4), a Florida premarital agreement can address each spouse's rights in property owned now or acquired later, the right to buy, sell, or manage property, what happens to property on separation, divorce, or death, spousal support (including waiving it), and other personal rights and obligations that do not violate public policy or a criminal law. It cannot reduce a child's right to support.
What makes a prenup valid in Florida?
It must be in writing and signed by both people. Fla. Stat. 61.079(3) specifically says a premarital agreement is enforceable without any additional consideration beyond the marriage itself, meaning you do not need to exchange separate payment or value for the agreement to count as a valid contract.
What makes a prenup enforceable, or unenforceable, in Florida?
Under Fla. Stat. 61.079(7), a party can challenge enforcement by proving they did not sign voluntarily, that the agreement was the product of fraud, duress, coercion, or overreaching, or that it was unconscionable when signed and they were not given a fair disclosure of the other party's property or financial obligations and did not otherwise have or waive that knowledge in writing.
How much does a prenuptial agreement cost in Florida?
Florida law does not set or publish a fee for drafting a premarital agreement, since it is a private contract, not a court filing. Cost depends on who prepares it and how complex your assets and terms are. Confirm current pricing directly with any attorney or service you are considering before you commit.
Do you need a lawyer to draft a Florida prenup?
Florida law does not require an attorney to sign or prepare a premarital agreement for it to be valid. Because a later challenge often turns on disclosure and voluntariness under Fla. Stat. 61.079(7), many people involve a family law attorney, particularly when one or both parties have significant assets, a business, or want to waive spousal support.
Can a Florida prenup be changed after the wedding?
Yes. Fla. Stat. 61.079(6) allows a premarital agreement to be amended, revoked, or abandoned after marriage, but only through another written agreement signed by both parties. Like the original agreement, no separate consideration is required for the change to be enforceable.
What Virdix Covers in Florida
Virdix currently prepares Florida Family Law Rules of Procedure forms for uncontested, simplified divorce. It does not draft premarital agreements. If your marriage already includes a prenup and you are now going through an uncontested divorce, Virdix's questionnaire asks about existing agreements as part of preparing your Marital Settlement Agreement. See Divorce in Florida on Virdix for the full scope of what Virdix covers today.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or a licensed Florida attorney.
Sources: Chapter 61, Florida Statutes, Section 61.079, the Uniform Premarital Agreement Act (leg.state.fl.us)