Florida Premarital Agreement: Everything You Need to Know

Protect assets before marriage

Sales Tax: 6%Notary: $10Witnesses: 2

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PREMARITAL (PRENUPTIAL) AGREEMENT
State of Florida

This Premarital Agreement is entered into on [DATE] between:

PARTY 1:
Name: [NAME]
Address: [ADDRESS], FL [ZIP]

PARTY 2:
Name: [NAME]
Address: [ADDRESS], FL [ZIP]

Anticipated Date of Marriage: [DATE]

RECITALS:
Both parties enter this agreement voluntarily, with full disclosure of their financial situations, and with the opportunity to consult independent legal counsel.

1. SEPARATE PROPERTY:
   Party 1's separate property (Schedule A): [LIST OR ATTACH]
   Party 2's separate property (Schedule B): [LIST OR ATTACH]
   All separate property shall remain the sole property of the owning party.

2. MARITAL PROPERTY:
   Property acquired during marriage shall be [  ] Community property [  ] Divided as specified: [DESCRIBE]

3. DEBTS:
   Each party is responsible for pre-marital debts. Marital debts shall be [DESCRIBE].

4. SPOUSAL SUPPORT:
   [  ] Waived by both parties
   [  ] Limited to $[AMOUNT] per month for [DURATION]
   [  ] Determined by Florida law at time of divorce

5. ESTATE RIGHTS:
   [  ] Each party waives rights to the other's estate
   [  ] Rights preserved per Florida law

6. FULL DISCLOSURE: Both parties have fully disclosed all assets and liabilities.

This agreement is governed by Florida Uniform Premarital Agreement Act (FL Statutes).

PARTY 1: _____________________ DATE: _____
PARTY 2: _____________________ DATE: _____

NOTARY:
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________

Where to File Your Premarital Agreement in Florida

Visit your local County Clerk office to file or notarize your Premarital Agreement.

Miami-Dade County Clerk

Miami

73 W Flagler St, Miami, FL 33130

Orange County Clerk

Orlando

425 N Orange Ave, Orlando, FL 32801

Hillsborough County Clerk

Tampa

601 E Kennedy Blvd, Tampa, FL 33602

Duval County Clerk

Jacksonville

501 W Adams St, Jacksonville, FL 32202

MCE

Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Premarital Agreement template for Florida has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

FAQ: Premarital Agreement in Florida

Is a Premarital Agreement required in Florida?

Yes, in Florida, a Premarital Agreement is required for most transactions of this type. Under Florida State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Premarital Agreement may result in legal complications.

Does a Premarital Agreement need to be notarized in Florida?

Notarization requirements in Florida (FL) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Premarital Agreement in Florida?

Florida has a base sales tax rate of 6%. Depending on the type of transaction documented in your Premarital Agreement, additional local taxes may apply. Consult with a Florida tax professional for specific guidance on your situation.

Can a prenup be challenged in court?

Yes, a prenup can be challenged if it was signed under duress, without full financial disclosure, without independent legal counsel, or if its terms are unconscionably unfair. Both parties should have their own attorneys review the agreement.

What can't be included in a prenup?

A prenup cannot include child custody or child support provisions (courts decide these based on the child's best interest), encourage divorce, include illegal terms, or waive rights to necessities like food and shelter.

When should a prenup be signed?

A prenup should be signed well before the wedding — ideally at least 30 days prior. Signing too close to the wedding date could be seen as coercion. Both parties need adequate time to review, negotiate, and consult attorneys.

Florida Premarital Agreement Legal Guide

For residents of Florida, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.

Under Florida State Code, residents of Florida must ensure this Premarital Agreement complies with all state requirements. The current sales tax rate is 6%, and notarization costs between $10. Two witnesses are mandatory in FL.

Using this template ensures you're protected under Florida law while saving time and money on legal fees.

prenuptial agreementprenupseparate propertymarital propertyasset protection

A properly executed Premarital Agreement in Florida protects all parties involved and ensures compliance with FL state law. Below, we cover the critical steps, common pitfalls, and state-specific rules you should be aware of before signing.

Avoid These Common Mistakes

Florida attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with FL law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when Florida law changes

Legal Validity & Enforcement

Once properly executed, your Premarital Agreement is legally binding in Florida and enforceable in FL courts. The document remains valid indefinitely unless revoked or superseded. Florida courts generally uphold properly executed documents, provided they comply with applicable FL statutes.

Your Florida Filing Guide

After downloading, take your time filling in each section. FL statutes require that all information be accurate and current. Once signed by all parties, determine whether Florida requires you to file the document with a government office, record it with the county, or simply retain it for your records.

Meeting Florida's Legal Threshold

For your Premarital Agreement to hold up in a Florida court, it must satisfy the state's statutory requirements. FL law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.

Premarital Agreement Costs in Florida

Estimated fees and processing times

Fee Type	Cost	Notes
Notary Fee	$5-$15 (if required)	Florida standard rate: $10
Filing Fee	Varies by state	State registration (if applicable)
Processing Time	1-3 business days	Typical turnaround in Florida
Sales Tax	6%	Florida base rate (local taxes may apply)
Witness Requirement	2 witnesses	Florida requires multiple witnesses
Our Template	FREE	Download instantly, no cost

Fees shown are Florida-specific estimates. Contact your local office for exact pricing.

Florida Premarital Agreement Requirements

Review the following requirements to ensure your Premarital Agreement is legally valid in Florida.

Notarization required

2 witnesses must sign

Vehicle identification number (VIN) required

Odometer disclosure mandatory

Buyer and seller signatures required

Purchase price must be stated

Date of sale required

Blue or black ink only

Electronic signatures accepted

County clerk filing required

Florida Notarization

Florida requires 2 witnesses and notarization may be mandatory. Fees typically range from $10.

Before You Sign

Review all information carefully. In Florida, a 6% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Florida law requires all parties to receive copies of executed documents.

Florida Filing Deadlines

Check Florida deadlines for filing or recording this document with the appropriate county clerk's office.

Other Forms in Florida

Premarital Agreement in Neighboring States

Document Information

Document: Premarital Agreement
State: Florida (FL)
Category: Family
Format: PDF / Word / Print
Cost: 100% Free
Sales Tax: 6%
Notary Fee: $10

Florida Legal Requirements

Governing Statute:

State Law

✓Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Florida may change. Consult a licensed attorney for advice specific to your situation.