Consult with a Florida prenup lawyer today to ensure your agreement is legally sound and tailored to your needs.
Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Florida
- Both parties must fully disclose their assets, liabilities, and income.
- The agreement must be in writing and signed by both parties.
- The signing must be voluntary, without duress or coercion.
- It's highly recommended to have the agreement notarized, though Florida law doesn't strictly require notarization for validity.
- The terms must be fair and not unconscionable at the time of enforcement.
- Each party should have the opportunity to consult with their own attorney.
- Waivers of spousal support (alimony) must be clear and voluntary, and may be subject to additional scrutiny.
How to set up a Prenuptial Agreement in Florida
- Start early: Begin discussions at least 3-6 months before the wedding to avoid last-minute pressure.
- Gather financial documents: Compile a complete list of assets, debts, income, and any inheritances or business interests.
- Draft the agreement: You can use a reliable prenup template, but having a lawyer review it is crucial to ensure it meets Florida standards.
- Negotiate terms: Discuss how property, debts, and spousal support will be handled in the event of divorce or death.
- Sign properly: Both parties must sign voluntarily, and having it notarized adds an extra layer of legal protection.
- Keep records: Store the signed agreement and related documents in a safe place where both of you can access them.
How much it costs
In Florida, the cost of a prenuptial agreement varies. If you use a template, you might spend under $100, but having an attorney draft a custom agreement typically costs $1,500 to $5,000 or more, depending on complexity. Lawyer fees are often split between the couple to ensure fairness.
Florida Prenup Prep Checklist
Before drafting your Florida prenuptial agreement, gather key documents and understand the legal requirements to ensure enforceability.
- List all assets and debts, including bank accounts, real estate, investments, retirement accounts, business interests, and credit card balances.
- Obtain current statements, property appraisals, business valuations, and tax returns to substantiate your financial disclosures.
- Each party must receive full and fair disclosure of the other's finances before signing; incomplete or inaccurate disclosures can invalidate the agreement.
- Sign the agreement voluntarily and without coercion; allow ample time for review and negotiation, and avoid signing under duress.
- Both parties should have the opportunity to consult independent legal counsel; courts scrutinize agreements where one party felt pressured or uninformed.
- Ensure the agreement is in writing and signed by both parties. While Florida does not require notarization for validity, having it notarized can help prove authenticity.
- Remember that Florida courts will review for unconscionability; provisions that are clearly unfair or leave a spouse dependent on public assistance may be struck down.
Questions people ask
Are prenuptial agreements legally enforceable in Florida?
Yes, Florida courts generally uphold prenuptial agreements if they are written, signed voluntarily, and include full financial disclosure. To be safe, it's best to have an attorney and a notary involved.
What can a prenuptial agreement include in Florida?
A Florida prenup can address division of property, debts, and spousal support (alimony). It can also cover how assets will be handled in case of death, but it cannot include child support or custody provisions, as those are determined by the court.
Can I use an online prenup template in Florida?
Absolutely, you can use an online template as a starting point. However, to ensure it meets Florida's specific requirements and is upheld, it's wise to have a Florida attorney review and customize it for your situation.
Do I need a notary for my Florida prenup?
Florida law does not explicitly require notarization, but having it notarized is strongly recommended. It helps prove the document was signed voluntarily and can make enforcement easier.