How to get a prenuptial agreement in Florida

Across America, couples from a wide range of backgrounds—and tax brackets—are choosing to sign a prenup before tying the knot. Not only do these agreements help clarify expectations and obligations, but they can also protect both partners if worse comes to worst.

Still, getting a prenuptial agreement in Florida comes with its own set of legal requirements, so doing your research can save you from a considerable headache in the long run.

The 5 steps for getting a Florida prenuptial agreement

Complicated though they may seem, getting a prenup in Florida comes down to five simple steps:

1. Talk to your partner

Unlike in previous generations, where a prenuptial agreement was often viewed as a sign of distrust, many modern couples use the prenup as a way to outline expectations and rules before saying "I do."

Because of this new perspective, we strongly suggest that you respectfully and rationally discuss the idea of a prenuptial agreement with your partner. Specifically, outline the ways that a prenup would protect both of you in a worst-case scenario and how it helps you clarify financial expectations.

2. Do your research

While we strongly suggest hiring an expert to draft the prenup itself, there's no reason that you and your partner can't also do research ahead of time to familiarize yourself with what to expect. Remember, however, to only use trustworthy sources and to double-check each fact.

By doing research ahead of time, you can make sure that neither you nor your partner is unpleasantly surprised by anything that may come up when writing a prenuptial agreement.

3. Secure legal representation

In Florida prenuptial agreements, both parties typically need separate legal representation to advise and guide them through the document. Ideally, this representation should be licensed to practice law in the state of Florida and have experience in marital law.

4. Disclose all relevant information

A key part of any legal contract is what is known as "fair and reasonable disclosure," which means that all parties involved in the contract have a clear understanding of the relevant information. For premarital agreements, this would include things such as either partner's debt, property or financial obligations they may have to others, and any assets they possess.

Typically, this kind of disclosure will be guided by the lawyer you hire to write and execute our prenuptial agreement, but couples opting to write their own agreement will need to take it upon themselves to disclose the necessary information before signing.

5. Review and sign

Even if you hire a professional to draft your prenup (and especially if you write it yourself), always take time to double-check the information it contains. If necessary, put the draft in a drawer, take a few days, and come back to it with fresh eyes.

While incorrect or unfair prenups can be overturned, it's best to get them right the first time around.

What should a Florida prenuptial agreement cover?

In some "community property" states, such as California or Texas, the laws mandate that all assets acquired while married should be split equally between partners in the event of a divorce. Florida family law rules, however, follow the "equitable distribution" model, which says that marital property should be distributed fairly—if not necessarily equally.

Still, prenuptial agreements in Florida serve a number of purposes, a few of the most important being:

1. Division of property: Florida follows the equitable distribution model, where marital property is divided equitably (fairly), but not necessarily equally, in the event of a divorce. This means that the division of assets can vary significantly depending on your specific circumstances. A prenuptial agreement allows couples to define their own terms for how their assets and debts should be divided, providing predictability and potentially avoiding contentious disputes.
2. Alimony: In Florida, divorce law permits many different types of alimony structures, including bridge-the-gap, rehabilitative, durational, or permanent. Which structure your partner would be granted in the event of a divorce depends on several factors, such as how long you were married, the standard of living during the marriage, and each spouse's income. Rather than leaving spousal support to be determined by the courts during divorce proceedings, a prenuptial agreement can determine ahead of time how each partner will be supported if worse comes to worst.
3. Asset protection: If one or both spouses have significant assets, inheritances, or business interests, a prenuptial agreement is one of the best ways to protect those assets from being designated marital property. In the event of a divorce, assets protected this way would remain with their original owner.
4. Debt liability: Sometimes, individuals may seek a prenup in order to protect their partner from large debts they incurred before the engagement, such as for education or medical bills. This also may be worthwhile if either spouse intends to take on significant debt during the marriage.
5. Inheritance and estate plans: As of 2024, Florida law permits what is known as "elective share." This means that in the event of one partner's death, the surviving partner is allowed to claim up to 30% of the deceased partner's estate, regardless of what their will may have outlined.

How do you know a Florida prenuptial agreement is valid?

Sometimes, prenuptial agreements can be contested in court as being invalid or unjust. Typically, the prenups that get overturned fail to address at least one of the following requirements:

1. Both parties must enter into the agreement voluntarily: For a prenuptial agreement to be valid in any state, neither spouse can coerce or pressure the other into signing or agreeing to terms.
2. The agreements in a prenup must be fair: If any agreements or provisions within a prenuptial agreement would leave one spouse unable to support themselves in the event of a divorce, that prenup will likely be overturned in court.
3. Fair disclosure must have happened prior to signing: Both parties need to have fully disclosed any relevant assets, debts, or obligations before the prenuptial agreement is signed.
4. No prenup can proactively determine child support: While a prenuptial agreement can predetermine a number of potential snags, such as the division of property, it cannot predetermine child support or parenting rights.

If you have any questions about the validity or legality of your prenuptial agreement (especially if you drafted it yourself), we strongly advise consulting a Florida-based lawyer with experience in marriage law.

How much do Florida prenuptial agreements cost?

Overall, couples can expect to pay between $750 for a quick, simple prenuptial agreement to more than $10,000 for more comprehensive documents. On the average, plan for a roughly $2,000 bill when the time comes.

That said, the cost of a prenuptial agreement in Florida can balloon much higher than the average depending on a number of factors, such as:

1. Complexity and scope: While many prenuptial agreements can be relatively simple, others are considerably complex. Typically, it comes down to which topics need to be covered (such as alimony, debt, or real assets) and how complicated the couple's finances are before getting married (such as with inheritances or multiple income streams). The more complex the document will be, the more you should expect to pay.
2. Lawyer fees: Depending on their expertise and background, lawyer fees can vary significantly in Florida, regardless of whether they charge by the hour or as a flat fee. Additionally, it's typically advised that each partner hires their own attorney in order to ensure fairness (and that the prenup will hold up in court). If you plan on opting for a simple agreement, consider shopping around for a lawyer who offers a lower flat fee for drafting your prenup.
3. Revisions and outside consultations: Even if you find an inexpensive lawyer, make sure that the prenuptial agreement they draft meets all you need. Paying less on the front end doesn't mean much if you need to pay for costly revisions in the future.

Additionally, couples with highly complicated finances may need to hire other non-legal advisers to help navigate the information—something that can also increase costs.

How long before a wedding should I get a prenup in Florida?

Regardless of where you create a prenup, it's generally wise to begin drafting the document well before the wedding date. Not only does this allow both partners to fully review each provision in the document, but it also avoids any chance of feeling pressured or coerced, both of which may eventually invalidate a prenup.
 

As you begin the process of getting a prenup in Florida, make sure that you're giving yourselves enough time to:

1. Review disclosed information: Chances are, you and your partner may learn new things about each other's finances during the process of drafting a prenup, such as previously unknown assets or debts. Make sure that you both have as much time as you need to process and come to terms with this new information.
2. Pursue legal advice: Both partners should have enough time to individually pursue legal advice about anything contained within the prenup, such as alimony structure or debt provisions. If necessary, this also gives you each forewarning to request changes to the language of the document. Not only does this make everyone involved more comfortable, but it may be legally required for the prenup to be considered valid in court.
3. Avoid claims of coercion: One of the fastest ways to invalidate a prenuptial agreement is to coerce your significant other into signing. To avoid even a hint of this situation, give each other as much time as necessary to feel comfortable about finalizing the document.

Remember, it's important to keep in mind that a prenuptial agreement doesn't come from a lack of trust but rather from wanting to support and protect one another no matter what. By taking the time to create a prenup—and do it correctly—you're setting yourself up for a more successful, respectful partnership in the long run.
 

FAQs

Can I write my own prenuptial agreement in Florida?

Although it's technically possible to draft your own prenuptial agreement in Florida, most experts generally advise against it unless you have the proper expertise or guidance.

In Florida (and many other states), there are specific laws and statutes with which a prenuptial agreement must comply in order to be considered valid. By drafting such an agreement yourself, you increase the chances that a skilled divorce attorney could have your prenup overturned.

Can I create a prenuptial agreement after I'm already married?

Although you can't technically create a prenuptial agreement once you and your partner have already said "I do," you can create what's known as a postnuptial agreement.

This document, which essentially serves an identical purpose to a prenuptial agreement, is created in the exact same way—except after you're already married.

What is the Uniform Premarital Agreement Act?

If you've spent any time researching marital law, you may have come across the Uniform Premarital Agreement Act (UPAA). This is a piece of multi-state legislation that was created in 1983 to standardize prenuptial agreements across state lines.

In it, rules and regulations are outlined to protect prospective spouses in the case of divorce or the death of one partner.

What kind of assets does a prenup protect?

When it comes to prenuptial agreements, the law allows you to include rules about how to divide "real or personal property." In this context, "real" property includes land, real estate, and even mining or water rights.

"Personal" property, on the other hand, covers anything that doesn't fall under the first category, such as cars, jewelry, bank accounts, or even copyrights. Though it may seem confusing, an experienced marriage lawyer can help sort out who should get what in a fair, legal way.

Can a prenuptial agreement be overturned?

Yes. If a court eventually finds that a prenuptial agreement was signed under duress by either party, didn't fairly disclose all relevant information, contained unlawful provisions, or would seriously impoverish either party, that agreement may be thrown out.

As with any legal document, hiring a qualified professional is your best bet if you end up in court.