How to Get a Prenup in Florida
When couples begin planning a future together, few conversations are as important as ones about finances. Those conversations also can be uncomfortable. But it doesn’t need to be that way. If you’re in Florida, a prenup is an excellent way to foster open communication about finances in your relationship. Who are prenups for in Florida? In short, everyone. That’s because a prenup focuses on financial planning — a key part of any relationship. In this article, we’ll explore the legal requirements and steps to take for creating prenups in Florida. When you’re ready to move forward with getting a prenup, know that you can turn to Neptune for the most essential topics and then connect with vetted and experienced attorneys who can guide you through creating your prenuptial agreement in Florida.
Key takeaways
- You should start discussing a prenup at least 3-6 months before your wedding date to allow adequate time for financial disclosures, legal review, and negotiations.
- Florida law requires your prenup to be written, signed by both partners, and notarized - with each partner having separate attorneys to ensure the agreement is enforceable.
- You must provide full financial disclosure of all assets and debts, as incomplete or hidden information can make your prenup invalid under Florida's Uniform Premarital Agreement Act.
- Your prenup must have fair terms that don't heavily favor one partner over the other, and both partners must sign voluntarily without pressure or coercion.
- The process involves five key steps: early planning, financial disclosure, securing separate legal representation, drafting and negotiation, and final review with notarization.
What Is a Prenup?
First, some basics on prenups: A prenuptial agreement is a legally binding document that lists you and your partner’s assets and liabilities and clearly spells out how you and your partner would make key decisions, such as dividing your assets, if necessary. While prenups can be seen as negative, they truly can be a huge positive in your life. Think of a prenup as a strong step toward solid future financial planning.
What You Should Know About Prenup Laws in Florida
The Uniform Premarital Agreement Act details the legal requirements for couples creating prenups in Florida. Those requirements:
1. Written and Signed
A prenup in Florida must be in writing and signed by both partners. If you want to amend or revoke a prenup, that too must be in writing and signed by both of you. A big reason why is because verbal agreements don’t hold up in court.
Additionally, couples must enter into prenups before the wedding, as post-wedding agreements such as postnups are governed by different laws in Florida.
2. Voluntary Execution
The partners must sign a prenup without coercion or duress. Also, it is important that each partner has had adequate time to review the agreement, consult a lawyer, and understand the terms before signing.
Communicating openly with your partner is a huge piece of prenup success. This is important to ensure neither one of you is being pressured into signing the agreement. Hiring experienced attorneys to write and notarize the agreement helps avoid mistakes or errors that might compromise its validity.
3. Full Financial Disclosure
Partners must fully disclose their financial situations. This means both of you should list all your assets (real properties, retirement accounts, stocks, cash, etc.) and liabilities, including debts.
4. Adequate Legal Representation
Each partner must have an attorney. Courts often strike down prenups when a couple shares an attorney.
5. Fair Terms
The terms of a prenup must not be tilted in favor of one partner over the other. If a prenup isn’t fair, it may not hold up.
What Are the Steps for Getting a Prenup in Florida?
As you can see, a prenuptial agreement isn't a red flag in a relationship. Partners looking into creating a prenup actually have a very healthy financial mindset. Think of this as a proactive step toward smart financial planning.
Securing a prenup in Florida is a step-by-step process. It starts before your wedding day and ends with review and execution. The five steps are:
1. Early Planning and Discussion
It’s best to start talking about a prenup at least three to six months before the wedding date. This gives both of you enough time for thorough financial disclosures and review. Figure out your goals for the prenup early.
2. Financial Disclosures
Couples should take time to write down all their income, debts, and other required financial information, ensuring they don't miss anything. Again, a prenuptial agreement must be fair, which means you and your partner should hire separate attorneys. Prenup paperwork must also be filed and executed correctly, or it can become legally unenforceable.
3. Legal Representation
The difference between average and exceptional legal representation can cost you, financially and emotionally. That’s why Neptune’s network is handpicked and vetted not just for technical expertise but for experience with complex asset structures, communication style, and emotional intelligence. You’re not hiring a generalist — you’re matched with attorneys who've worked with hundreds of clients like you, and who know how to navigate asset imbalances, equity, and real-world partnership dynamics.
4. Drafting and Negotiation
After you work with a lawyer to draft your prenup, your partner and their lawyer will review it. The lawyers will make sure the prenup is in line with Florida laws. Be sure to factor in plenty of time for negotiations and revisions.
5. Final Review and Execution
After both of you review the prenup for a final time and sign it, Florida law requires you to notarize the agreement.
When is the Best Time to Get a Prenup in Florida?
Where does a prenup fit in your timeline? Consider getting a prenup when you're engaged and own substantial assets. Don't be afraid to discuss this with your significant other. Remember, it's part of long-term financial planning and protects you and your future financial stability. With a prenup in place, you can start building a future based on shared financial goals and values.
When you’re ready for a prenup in Florida, contact Neptune. It’s a prenup concierge service dedicated to making the process simple. Neptune can guide you and connect you with vetted family law attorneys who understand your needs and can help tailor your prenup to your relationship.
Want to learn more about your options? Contact Neptune today to start this important conversation. Let’s help you build a foundation that takes your current and future needs into account so you and your partner can be on the same page as you take your next steps.
Frequently asked questions
How long does it take to get a prenup in Florida?
You should start the prenup process at least three to six months before your wedding date in Florida. This timeline allows adequate time for financial disclosures, legal review, drafting, negotiations, and revisions. The process involves multiple steps including hiring separate attorneys, full financial disclosure, and proper notarization.
Do both partners need separate lawyers for a prenup in Florida?
Yes, each partner must have their own attorney for a prenup in Florida. Courts often strike down prenups when couples share an attorney. Having separate legal representation ensures the agreement is fair and meets Florida's legal requirements for adequate representation.
What are the legal requirements for a valid prenup in Florida?
Florida prenups must be written and signed by both partners, executed voluntarily without coercion, include full financial disclosure of all assets and debts, have adequate legal representation for each partner, and contain fair terms. The agreement must also be signed before the wedding and notarized under Florida law.
When should you start discussing a prenup in Florida?
You should start discussing a prenup at least three to six months before your wedding date. Early planning allows time for thorough financial disclosures, review, and negotiations. Consider a prenup when you're engaged and own substantial assets as part of your long-term financial planning.
Does a prenup need to be notarized in Florida?
Yes, Florida law requires prenups to be notarized after both partners sign the agreement. The prenup must be in writing, signed by both partners, and properly notarized to be legally enforceable. Any amendments or revocations must also be in writing and signed by both parties.