Walking down the aisle in Florida soon? Congrats! But before you do, don’t forget to consider a prenuptial agreement. Now, during the prenup process, you may be wondering if hiring a lawyer is necessary for a valid and enforceable agreement. Or if you both need a lawyer or if you can share one. Or how the whole process works in general. We answer all of these questions and more, so keep reading!
Is a lawyer a legal requirement for an enforceable prenup in Florida?
No, a lawyer is not required to have a valid and enforceable agreement in Florida. For example, in Gordon v. Gordon (2009), a Florida court upheld a prenup even though neither party had an attorney when signing it. The court emphasized that hiring a lawyer is not required for a valid prenup in Florida, as long as the agreement is entered into voluntarily and without fraud, coercion, or misrepresentation.
Here’s what matters for Florida prenups (according to this court):
- The wife was educated, financially experienced, and had been married before.
- The couple discussed the prenup months in advance, and the wife had 10 days to review it before the wedding.
- Although the husband didn’t fully disclose the value of his airline pension, the agreement broadly addressed pension benefits, and the court found that the wife had enough general knowledge of his finances.
The dissenting judge disagreed, arguing the husband’s failure to disclose $143K–$229K in pension value was a serious omission—but the majority still found the prenup enforceable.
Bottom line? You don’t have to hire a lawyer for a Florida prenup, but if you want to avoid disputes down the line—especially over financial disclosure—it’s a smart idea.
Can only one person have a lawyer for a valid prenup in Florida?
Yes, it is possible for only one person to hire a lawyer for a prenup and have it hold up in a Florida court, however, best practice is always for both parties to have a lawyer. Additionally, some attorneys may be hesitant to take on a client whose fiancé is unrepresented, due to potential liability concerns. Why? Because in certain situations, a court might view the lack of independent counsel—especially if combined with other signs of coercion or duress—as partial evidence that the agreement was unfair. For this reason, some lawyers may decline to proceed unless both parties have their own legal representation.
Can we share a lawyer?
No—one lawyer cannot adequately represent two parties to the same contract where there are opposing interests. It is a potential question of ethics because the attorney cannot adequately represent both parties’ interests. For example, if one party would benefit from an alimony waiver but the other party would not, it would be difficult for the lawyer to advocate for both people at once. The attorney would be forced to choose sides and ultimately provide inadequate representation to one person.
How long does it take to get a prenup with a lawyer in Florida?
It depends. There are various factors that may affect the timeline in which you complete your prenuptial agreement. Here are some ways the timeline can get longer or shrink:
- The availability of the attorney(s) and how many other cases they have on their plate
- The commitment level of each fiancé and how much time they have to dedicate to the process
- The level of negotiations that take place between the clients
- The complexity of the assets and financials involved in the agreement
- How quickly the parties can agree on the terms of the agreement
- Whether or not the parties decide to use a prenuptial agreement platform, such as HelloPrenup, to streamline the process
According to a 2024 Survey to Family Law Lawyers across the country, the average time to finish a prenup is one month. On the other hand, the average prenuptial agreement with HelloPrenup takes three days.
Can we write our own prenup in Florida?
Yes, it is possible to write your own prenuptial agreement and have it hold up in Florida courts. For example, in Gordon v. Gordon (2009), a couple drafted a prenup on their own without lawyer assistance and the agreement was enforced. However, even if you are writing your own prenuptial agreement, you still need to follow all of the laws for a valid agreement in Florida, such as signatures, witnesses, financial disclosure, etc. This is why hiring a lawyer is beneficial because they can help ensure your agreement is legally sound while still ensuring your needs are met in the agreement.
The bottom line on the lawyer requirement for a valid prenup in Florida
The big takeaway from this article is that you do not need a lawyer for a valid prenuptial agreement in Florida. However, it is usually a good idea to hire one to ensure you meet all of the legal requirements necessary. And, yes, only one person may hire a lawyer and the agreement may hold up, but you cannot share a lawyer. While it’s possible to write your own prenup in Florida, doing so comes with risks. To help ensure your agreement is valid and enforceable, consider using a trusted platform like HelloPrenup or working with a qualified Florida attorney—or both! (You can even hire Florida attorneys directly through HelloPrenup.) Happy planning!
Adalbert is experienced in all things family law. With over 25 years of professional experience including 4 years as a practicing lawyer, he is passionate about helping couples reach their goals within their prenup. He’s particularly passionate about helping couples get the best possible start to their marriage and set their marriage off on the right foot.He’s licensed in Florida, fluent in English and Spanish, and one of the founders and managing partners of Apfelbaum Martinez Law.
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