The Six Steps
- Talk it through. Decide together what each of you wants to protect, separate property, a business, an inheritance, debt, children from before.
- Each of you gets a lawyer. Independent counsel for each spouse is what makes the agreement hard to challenge later.
- Exchange full financial disclosure. Assets, debts, income, property. Honest and documented.
- Draft and negotiate. We prepare the agreement; the two sides settle any open terms.
- Sign well before the wedding, with the right formalities, never on the eve of the ceremony.
- Store it and coordinate it with your will or trust, so your divorce and death provisions agree.
Why DIY Templates Go Wrong
A download cannot ensure disclosure, independent advice, or proper timing, and it usually misses the Florida estate pieces (waiving the elective share and homestead rights). Those are exactly the things Florida courts look at when deciding whether to enforce a prenup. The few hundred dollars a template saves can cost the entire agreement. See what a real prenup costs.
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Book your free consultFrequently Asked Questions
Can I Get a Prenup Without a Lawyer in Florida?
You legally can, but it is risky. Florida sets a prenup aside if there was no fair financial disclosure, if someone was pressured, or if the terms are unconscionable, and an agreement where one spouse had no lawyer is far easier to attack on those grounds. Courts give the most weight to agreements where each spouse had independent counsel. A template you both sign cold is the version most likely to fail exactly when you need it. If you want it to hold up, have it drafted and have each side review it.
How Long Before the Wedding Should We Sign?
As early as you reasonably can, and definitely not on the eve of the wedding. A prenup signed days before the ceremony invites a claim that it was signed under pressure. Starting a few months out gives time for honest disclosure, negotiation, and each spouse’s review, all of which make it stronger. If the wedding is close, a postnuptial agreement after the marriage is a cleaner option than rushing.
What Do We Need to Disclose?
Each of you provides a fair and reasonable picture of your finances: assets, debts, income, and major property. Hiding or low-balling assets is the fastest way to get the agreement thrown out later. Full, documented disclosure (or a knowing written waiver of it) is one of the pillars of an enforceable Florida prenup.
What Are the Steps?
In short: (1) talk openly about what you each want to protect; (2) each of you retains your own attorney; (3) exchange full financial disclosure; (4) we draft the agreement and the two sides negotiate any terms; (5) sign well before the wedding, with the right formalities; (6) store it with your estate-planning documents and coordinate it with your will or trust. We handle the heavy lifting and keep it efficient.
Does a Prenup Need to Be Notarized in Florida?
Not technically. Under Florida law a prenup must be in writing and signed by both of you, and that is the whole formal requirement. We still sign in ink before a notary and have each person initial every page, including the financial schedules. Those steps cost nothing and make it much harder for anyone to claim later that a page was swapped or a signature was rushed. We handle the signing logistics as part of the flat fee.
Updated on July 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate planning and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. Each spouse should have independent counsel. Do not send confidential information until we have agreed to represent you.