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Prenuptial Agreement Cost in Florida

Last updated 5 min read

A prenuptial agreement in Florida typically costs $2,500 – $3,500 for a simple agreement and up to $6,000 – $10,000 for complex estates. Florida prenup costs depend on attorney rates, how complex your finances are, and whether both spouses retain their own lawyer. This page isn't legal advice — it's a plain-English summary of how a prenup in Florida works, what it costs, and what the state requires.

Cost breakdown

Complexity Typical cost Who this fits
Simple $2,500 – $3,500 W-2 income, no business, no kids from prior relationships
Moderate $3,500 – $6,000 Real estate, retirement accounts, modest separate property
Complex $6,000 – $10,000 Business interests, multi-state property, expected inheritance

Average attorney rate in Florida: $250–$350/hr. Both spouses hiring separate attorneys typically adds 50–75% to the total bill.

What Florida law requires

  • In writing: Yes — required.
  • Notarization: Not required, but recommended for evidentiary purposes.
  • Independent counsel: Strongly recommended (and often outcome-determinative if litigated).
  • Community property state: No — equitable distribution applies in the absence of an agreement.

The controlling statute is Fla. Stat. §61.079 — read the full text on the Florida legislature site.

Florida adopted the Uniform Premarital Agreement Act with state modifications, codified at Fla. Stat. §61.079. Agreements are enforceable absent involuntariness, fraud, duress, or unconscionability combined with lack of disclosure. Spousal support waivers are permitted but face heightened scrutiny if they leave a spouse without reasonable means.

A notable Florida case

Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Florida Supreme Court held that an unequal bargain alone is not grounds to vacate a marital agreement, and laid out the two grounds Florida courts still apply.

Read the full Casto v. Casto case explanation →

Timeline

Start the conversation at least 90 days before the wedding and sign at least 30 days before.

Florida prenup costs by metro

Major Florida metros have local rate variations:

  • Miami — ~10% above Florida state average
  • Orlando — ~5% below Florida state average
  • Tampa — ~5% below Florida state average

Find a prenup attorney in Florida

The single most important hire for a Florida prenup is your own family law attorney. We partner with LegalMatch to connect readers with vetted family law attorneys in their state.

Find a prenup attorney in Florida

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Frequently asked questions

How much does a prenup cost in Florida?
A prenuptial agreement in Florida typically costs $2,500 – $3,500 for a simple agreement, $3,500 – $6,000 for a moderate one, and $6,000 – $10,000 for complex estates with businesses or multi-state property. Average attorney rates in the state run $250–$350/hr. Both spouses hiring separate attorneys adds 50–75% to the total — and is strongly recommended.
Does Florida require a notary for a prenup?
No, Florida does not require notarization by statute. A prenup must be in writing and signed by both parties; notarization is a best practice for evidentiary reasons but not a legal requirement.
Do both spouses need their own attorney in Florida?
Independent counsel for each spouse is strongly recommended (and often outcome-determinative if litigated). Joint representation — one attorney for both spouses — is among the most common grounds for a court to invalidate a prenup later. Even where it isn't strictly required, paying one lawyer to "save money" frequently costs the entire agreement.
What statute governs prenups in Florida?
Florida prenups are governed by Fla. Stat. §61.079. The full statute text is available on the state legislature site.

Florida prenup attorneys

What to look for, typical rates.

Will my prenup hold up?

60-second check applying Florida rules.

Compare states side-by-side

Compare Florida with other states.

Casto v. Casto case

Florida Supreme Court held that an unequal bargain alone is not grounds to vacate a marita…

How to get a prenup

6-step process.

What makes a prenup invalid?

5 reasons courts reject them.