- Florida is an equitable distribution state — courts divide assets based on fairness, not an automatic 50/50 split.
- Notarization is required for prenups in Florida.
- 2 witnesses are required at signing.
- Full financial disclosure by both parties is required by law.
- Florida has no mandatory waiting period, but signing at least 30 days before the wedding is recommended.
How Florida classifies marital property
Florida uses equitable distribution as its default property system — assets are divided fairly but not necessarily 50/50, based on each spouse’s income, contributions, and earning potential. Florida also offers an optional community property trust, allowing couples to elect community property treatment for specific assets. A prenup can define your own property rules, overriding the default equitable distribution framework.
Understanding Florida's equitable distribution system is critical because a prenup is essentially your opportunity to override these default rules. Without one, a judge decides what's "fair" based on subjective factors like each spouse's income, contributions, and future needs.
The legal framework: UPAA
Florida has adopted the Uniform Premarital Agreement Act (UPAA), codified as Fla. Stat. § 61.079. This means prenup formation and enforcement follow a well-established statutory framework shared by 27 other states.
Signing requirements in Florida
Florida has specific requirements that must be met for a prenuptial agreement to be valid. Missing any of these can give a court grounds to throw out the entire agreement.
- **Written agreement** — Must be in writing — verbal prenups are not valid
- **Signed by both parties** — Both parties must sign voluntarily before the wedding
- **Notarization required** — Both parties must sign before a notary public — required by Fla. Stat. § 61.079
- **2 witnesses required** — Both parties must sign in front of 2 independent witnesses who are not party to the agreement
- **Independent legal counsel recommended** — Each party should have their own attorney review the agreement
- **Full financial disclosure** — Both parties must disclose all assets, debts, and income — incomplete disclosure is the #1 reason prenups are invalidated
- **State-specific requirement** — Community property trust available under Fla. Stat. § 736.1501
Spousal support in a Florida prenup
Spousal support waivers are generally enforceable in Florida prenups, provided the agreement meets all other legal requirements — voluntary execution, full financial disclosure, and terms that are not unconscionable. Note: Waiver enforceable if not unconscionable at time of enforcement.
Sunset clauses and special provisions
Florida courts will enforce sunset clauses — provisions that cause the prenup to expire after a set number of years. If you want the agreement to remain in effect indefinitely, make sure to exclude a sunset clause or explicitly state that the agreement has no expiration.
Build your Florida prenup on Clause
Clause generates a legally valid, Florida-specific prenuptial agreement starting at $549 — a fraction of the $5,000–$20,000 that traditional attorney-drafted prenups cost in Florida. The Agreement Builder automatically handles Florida's signing requirements, notarization rules, witness requirements, and financial disclosure obligations. Attorney review and online notarization are available as add-ons.
Clause is not a law firm and this article is not legal advice. For guidance specific to your situation, consult a licensed family law attorney in Florida.