Fla. Stat. § 61.079

Prenuptial Agreements

A prenup can protect assets and reduce conflict — but only if it’s done right. Florida’s version of the Uniform Premarital Agreement Act sets clear rules for enforceability. Here they are.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

What a Prenup Can Do

Florida enforces prenuptial agreements under its version of the Uniform Premarital Agreement Act (§ 61.079). A prenup can define property rights, spousal support, and what happens to assets and debts in a divorce or on death — bringing predictability to what would otherwise be decided by statute.

The Governing Statute
Fla. Stat. § 61.079 — Premarital Agreements (UPAA)
"Parties to a premarital agreement may contract with respect to … the rights and obligations of each of the parties in any of the property of either or both … whenever and wherever acquired or located."
Read the full statute on Online Sunshine →

One key limit: a prenup cannot adversely affect a child’s right to support. Child support belongs to the child and can’t be bargained away.

What Makes It Enforceable

A Valid Florida Prenup
In writing and signed by both parties (it becomes effective upon marriage).

Voluntary — not signed under duress or coercion.

With fair disclosure — or a valid waiver — of each party’s finances.

Not unconscionable under the statute’s standards.

Agreements get challenged on exactly these grounds — coercion (e.g., presented the night before the wedding), hidden assets, or gross unfairness. Independent counsel for each party and timely, transparent negotiation are the best protection.

Frequently Asked Questions

Are prenuptial agreements enforceable in Florida?
Yes, under § 61.079 (Florida’s Uniform Premarital Agreement Act), if the agreement is in writing, signed voluntarily, and made with fair financial disclosure or a valid waiver. It becomes effective upon marriage and must not be unconscionable.
What can’t a prenup do in Florida?
A prenup cannot adversely affect a child’s right to child support. It also cannot be enforced if it was signed involuntarily (under duress) or was unconscionable when executed with inadequate financial disclosure.
Should each person have their own lawyer for a prenup in Florida?
It is strongly advisable. Independent counsel for each party helps show the agreement was entered voluntarily and knowingly, which makes it far harder to later challenge on grounds of coercion or unfairness.

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This page summarizes Fla. Stat. § 61.079 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.