Free Florida Prenuptial Agreement Template

A Florida prenuptial agreement is a written contract prospective spouses make in contemplation of marriage. It takes effect on marriage. Florida splits the rules between its family law chapter and its probate code.

Two statutes do different jobs here, so it helps to keep them apart.

The Family Law Side

Section 61.079, Florida’s Uniform Premarital Agreement Act, applies only to proceedings under the Florida Family Law Rules of Procedure. It asks for a writing signed by both partners. The only consideration needed is the marriage itself.

The Probate Side

Subsection (10) keeps § 61.079 from changing anything about spousal agreements under § 732.701 or § 732.702. Those probate sections set their own formalities for giving up inheritance rights.

When a Court Won’t Enforce It

Under § 61.079(7), the challenging partner can defeat the agreement by proving any of these:

• They signed involuntarily
• The agreement came from fraud, duress, coercion, or overreaching
• It was unconscionable at signing, and they lacked disclosure, a written waiver of it, and adequate knowledge of the other’s finances

Florida’s list adds fraud and overreaching as a separate ground. Also, a court may still order support if a waiver would push a spouse onto public assistance.

Changing It Later

After the wedding, partners can amend, revoke, or abandon the agreement only in a writing both of them sign.

For estate waivers, yes. Under § 732.702(1), the partner waiving must sign in the presence of two subscribing witnesses.

That rule covers giving up any of these rights in the other partner’s estate:

• Elective share, intestate share, or pretermitted share
• Homestead, exempt property, or family allowance
• Claims under Florida’s community-property-at-death act
• Priority to serve as personal representative of an intestate estate

The witness requirement applies to Florida residents. Florida honors a nonresident’s waiver if it was valid where the person signed it.

Disclosure works differently here too. Under § 732.702(2), a waiver signed before marriage needs no disclosure. After marriage, each spouse must fairly disclose their estate.

1. Share your finances anyway. The family law test still looks at disclosure, even though the probate waiver does not.
2. List the estate rights each partner gives up. Name them rather than relying on general wording.
3. Book two witnesses. They watch each waiving partner sign and then sign as witnesses.
4. Have both partners sign the full agreement. One signing session can cover both the divorce and estate sections.
5. Keep the original with your estate papers. Your personal representative may need it someday.

Florida’s family law list, § 61.079(4), lets a Florida prenuptial agreement cover property, estate plans, insurance, and choice of law. Its support item is unusually specific, naming the establishment, modification, waiver, or elimination of spousal support.

Build these sections in:

• Separate and shared property, including future earnings
• Spousal support terms, whichever of those four options you choose
• A named list of estate rights each partner waives or keeps
• Witness signature lines for the estate waiver
• Both partners’ signatures and dates

A Florida prenuptial agreement can’t hurt a child’s right to support, under § 61.079(4)(b).