Planning a wedding in Florida is exciting, but it also comes with a lot of grown-up decisions. Along with choosing a venue, managing RSVPs, and planning a honeymoon, more and more couples are asking the smart, slightly less Instagrammable question, “Should we get a prenup?” Asking that question means you’ve already got one foot on the path to a more secure financial future. But, how much does a prenup cost in Florida? And, is it really worth the cost? Keep reading to find the answers to your questions and to learn more about these important agreements!
What is a prenup in Florida?
A prenuptial agreement in Florida is a legal contract signed before marriage that outlines how you and your partner will handle finances, property, debt, and possibly spousal support (aka “alimony”) if the marriage ends in divorce or death. Florida has adopted the Uniform Premarital Agreement Act (UPAA), which is codified in Section 61.079 of the Florida Premarital Agreement Act. Under this statute, prenups can cover everything from premarital property and retirement accounts to family inheritances and future business income. They can even spell out how you’ll handle joint purchases or debts during the marriage. What they can’t do is make decisions about child custody or child support. This topic is off-limits. Florida courts always prioritize the best interests of the child over the terms of a pre-agreed contract.
How much does a prenup cost in Florida?
So, what is the prenup pricing in Florida? The honest answer is that it depends on many factors, including the complexity of your finances and the experience of the lawyer involved in drafting. On the lower end, a straightforward prenup in Florida might cost around $900 to $1,500, especially if both partners are aligned, assets are simple, and there’s little negotiation involved. That might mean you’re each coming into the marriage with a car, a bit of student debt, and a few thousand in savings. Think of this investment like paying for a legally sound financial plan instead of a 12-piece string quartet at your ceremony.
Prenup pricing increases the more intricate your financials are. Couples with slightly more complex assets and debts will need to set aside more money for this contract. If one of you owns a small business, or has real estate or a family trust, you should budget $2,000 to $5,000 total. That often includes independent legal counsel for each partner, plus a few rounds of revisions.
Pricing can go higher from $7,500 to $10,000 or more for high-net-worth individuals, international assets, or when detailed spousal support formulas are negotiated. In those cases, attorneys may bring in financial planners or tax advisors, which adds to the bill but ensures every dollar is accounted for properly.
Legal fees
Some attorneys in Florida offer flat-fee packages for a prenuptial agreement, typically ranging from $1,000 to $3,000, depending on what’s included. Other lawyers bill hourly, often between $200 and $350 per hour. Charging per hour instead of a flat rate is common if your prenup requires a lot of negotiation or if your partner brings in separate counsel who wants to rework key sections.
In bigger cities like Miami, Tampa, or Orlando, the rates may lean higher due to demand and specialization. That said, many firms in Florida now offer hybrid pricing models. In some models, you pay a flat fee for drafting a prenup, with the hourly rate only kicking in if you go beyond a certain number of revisions.
Less expensive alternative to traditional model
For couples looking for an affordable, DIY-friendly solution, well-respected platforms like HelloPrenup offer Florida prenup drafts for around $599, with the option to add Florida attorney review for an additional cost of $699 per fiancé. HelloPrenup’s prenups are expertly drafted to conform to Florida laws and the attorneys on the platform are licensed in Florida and have experience in drafting prenuptial agreements.
What drives up the price of a prenup?
So, what makes a prenup cost more than you expected? Complexity and time are often the culprits. The cost of a prenup depends on how many assets or debts you want to protect, how thoroughly you want to outline financial roles during marriage, and how much back-and-forth negotiation is required for you and your fiancé to both be comfortable voluntarily signing the agreement. Also, you might have an attorney who charges the higher end of legal fees. A great deal of peace can come from having an experienced attorney, but so can expensive legal bills.
Let’s use an example to show how a real-life situation can increase your legal fees. Let’s say one spouse owns a business and the other contributes time and sweat equity during the marriage the prenup needs to address what happens to that business if the marriage ends. Is the business still considered the business-owning spouse’s separate property? Does the working spouse get credit for helping grow it? Is the increase in the value of the business during the marriage years now considered marital property? These are complicated and important questions that deserve educated and informed answers. Knowledge of the law and experience in navigating difficult legal issues are reasons why lawyers can charge the fees they do.
Two lawyers versus one
Another major cost factor is whether you both have independent legal counsel. As mentioned above, Florida doesn’t require each party to have their own lawyer, but courts are far more likely to uphold an agreement that was reviewed and clearly understood by both parties. Having two independent attorneys is specifically important when waiving spousal support. Modifications or waivers of spousal maintenance are scrutinized very closely, and the clause can be tossed out if the court finds it to be unfair or coerced.
By each having separate attorneys, a court will recognize that both of you had a legal professional walk you through the language of your prenup and explain the consequences of signing the agreement. This helps your agreement meet the requirements in the state of Florida for a valid and enforceable prenup.
To be upheld in Florida, prenups must be in writing, signed voluntarily by both parties, it must include the full and fair disclosure of both parties’ financial assets and obligations, and the terms of the agreement cannot be severely unfair (i.e. unconscionable) at the time of enforcement. If, for example, a person is hiding a massive debt or pushing their fiancé to sign an unreasonably one-sided prenup the night before the wedding, that agreement is at risk of being thrown out for failing to meet Florida’s strict legal requirements. Transparency in prenuptial agreements is not only a moral obligation, it’s a legal necessity.
Is a prenup worth the price?
Before a wedding, couples are in love and starting a fresh new life together. At that point in the relationship, it’s understandable to wonder whether a prenup worth thousands of dollars is really a good investment. Things are so good, and it is nearly impossible to imagine the relationship taking a downward turn.
Well, here’s some perspective. The average uncontested divorce in Florida costs approximately $15,000 per person, not including the emotional turmoil and time spent on the process. That’s a lot of money! And this is a statistic for uncontested divorces, so you can imagine that the price per person of a contested, litigated divorce is sky high.
A solid prenup can help couples avoid litigation, save years of financial stress, and preserve a sense of dignity and fairness, even when things don’t go as planned. And for many couples, just the process of creating a prenup opens up meaningful conversations about money, goals, and values that make their relationship stronger at the beginning.
One case that illustrates Florida’s approach to prenups is Ferguson v. Ferguson. In this case, a prenup was challenged during divorce but upheld because it was entered into freely, with full knowledge of each party’s financial circumstances. The court made it clear that as long as a prenup is fair, transparent, and complies with Florida’s legal requirements, it will generally be enforced, even if market conditions or life circumstances change later. It’s a reminder that the best prenups aren’t about predicting the future they’re about creating fair expectations for how you’ll handle it.
How long before my wedding should I get a prenup?
If you’re considering a prenup in Florida, it’s wise to start the process as far out from your wedding as possible. Although Florida doesn’t have a specific timeline for when you must sign a prenup, it’s always best to begin these conversations sooner rather than later. Three to six months out from the wedding should give you both enough time to feel comfortable with the prenup and consult attorneys. But, more time is always better! Rushing into it too close to the big day can raise red flags about duress or unfair bargaining. Ideally, both parties should have time to review the document, ask questions, and feel confident in what they’re signing. In Florida, it’s critical that both parties have a reasonable amount of time to consult an attorney before signing (Casto v. Casto (1987)).
The bottom line on prenup prices in Florida
So yes, a prenup in Florida might cost anywhere from $900 to several thousand, but when done right, it’s one of the smartest investments you can make in your future. Getting on the same page with your future spouse regarding your financial expectations can create a solid foundation of honesty and transparency. Conversations that surround prenups can help you and your loved one truly understand each other and figure out ways now to protect one another in the future.
Michelle Tuschinski, Attorney at Law, is an experienced attorney licensed in Virginia and Texas. She specializes in estate planning which includes both prenuptial and postnuptial agreements. If you are contemplating marriage, or are already married but have questions about how to best protect your assets, you may want to consider a pre-marital or post-marital agreement.
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