STATE GUIDE · UPDATED 2026
Every OurPrenup agreement is built for the laws where you live.
Start your Florida prenupYes — prenuptial agreements are legally enforceable in Florida under the Uniform Premarital Agreement Act (UPAA) (Fla. Stat. § 61.079). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.
Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.
Yes. Florida enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA). The governing law is Fla. Stat. § 61.079. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.
Notarization is not strictly required in Florida, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's Florida signing instructions include it.
Witnesses are recommended (2) in Florida, though not strictly required. More formality makes the agreement harder to challenge.
No — Florida does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.
No. Florida is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.
Yes — Florida allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.
Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in Florida. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.
Florida has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.
Attorney-drafted prenups in Florida commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Florida-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Florida signing instructions — with optional online e-sign and notarization for $50.
Both parties review the final prenuptial agreement and all attached financial schedules.
Both parties sign the prenuptial agreement.
Have 2 witnesses present and sign (strongly recommended).
Have the agreement notarized. While Florida does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.
Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.
5 people total at signing
This guide is general information about Florida law, not legal advice. For advice on your specific situation, consult a licensed attorney in Florida. See our full legal disclaimer.
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