Florida Prenuptial Agreement Lawyer — Statewide

One statute, the whole state — and no courthouse involved

Two facts make a statewide prenup practice work. First, prenuptial agreements are governed by one statute — section 61.079, Florida’s Uniform Premarital Agreement Act — and it reads exactly the same in Miami-Dade as in Escambia. There is no county-by-county prenup law. Second, a prenup is never filed with any court when you sign it. It is a private contract; each of you keeps a duplicate original. So unlike a lawsuit, there is no “local court” and no local advantage — what matters is a Florida-licensed lawyer and a process built to survive section 61.079(7).

That is why the practice runs the same way for every Florida couple: a free 15-minute video consult, financial disclosure by secure document exchange, drafting and negotiation by video and email, and then the one step that is always in person — a witnessed, notarized execution ceremony, coordinated near you, because section 732.702 requires waivers of spousal death rights to be signed before two subscribing witnesses.

Miami to Pensacola: where our couples are

Miami, Fort Lauderdale & West Palm Beach. South Florida brings the state’s most complex balance sheets — international families, cross-border assets and accounts, family businesses, and second marriages with children to protect. The disclosure schedules run long here. That is the point of them.

Tampa Bay, St. Petersburg & Sarasota. Professionals, business owners, and waterfront property bought before the engagement — where the agreement’s treatment of appreciation on premarital assets does the heavy lifting.

Jacksonville & Northeast Florida. Corporate households and military families, where deployment and PCS calendars can compress the signing timeline — plan the execution date first and work backward.

Orlando & Central Florida. Home base. The office is at 1607 Woodward St in Orlando, and Central Florida couples who want an in-person meeting or signing can have one — the Orlando page covers it.

Naples, Fort Myers & the Gulf Coast. Later-in-life and second marriages, where the prenup works alongside the estate plan — elective share and homestead waivers under section 732.702 are usually the reason the agreement exists.

Tallahassee, Destin, Pensacola & the Panhandle. Destination-wedding country. A 30A wedding sixty days out is workable; inside 45 days it takes rush handling and a date-stamped record — and we will say so honestly if the calendar makes a defensible agreement impossible.

The Keys. If the ceremony is in Islamorada or Key West, sign before you travel. The wedding week is the worst possible signing date — voluntariness is judged on the calendar.

The three ways Florida couples use this practice

Prenup work is not one service. It is three, and which one you need depends on which side of the agreement you are on.

Drafting ($2,450 flat). You want the agreement. We design it in a video strategy session, build financial disclosure schedules like litigation exhibits, draft every clause to section 61.079 rather than adapting a template, handle negotiation with your fiancé’s counsel, and run a witnessed, notarized execution wherever you are in Florida.

Independent review ($500 flat). You were handed an agreement and need your own lawyer’s eyes on it — within 24 hours, from anywhere in the state. The attorney reads every clause and the disclosure schedules, writes a plain-English analysis of what you would be giving up compared with Florida’s defaults, and walks you through it on a call. The review service has its own page.

Negotiation ($1,450 flat). The review told you the agreement needs changes. We draft your requested revisions as formal redlines and negotiate them with the drafting attorney until the agreement is one you can sign — then re-review the revised draft before you do.

Why each of you needs your own lawyer

One lawyer cannot represent both parties to a prenuptial agreement. Anyone who offers to “do the prenup for the two of you” is describing a conflict of interest, not a service. We always represent one side.

This is not a technicality — it is the enforceability engine. When a prenup is attacked years later, the argument is almost always voluntariness under section 61.079(7): I didn’t understand it, I had no one advising me, I was rushed. A spouse who had a genuine opportunity for independent counsel of their own choosing — not a lawyer picked and paid for by the other side — has almost no room to make that argument.

So we build it in: we make sure your fiancé has a real chance to retain independent review counsel, we can coordinate introductions to qualified review attorneys anywhere in Florida, and the record shows both of you signed advised and unhurried.

What Florida law actually requires — § 61.079 in plain terms

Florida adopted the Uniform Premarital Agreement Act as section 61.079 of the Florida Statutes. The rules that decide real cases — everywhere in the state:

1. A prenup must be in writing and signed by both parties. No oral prenups, no course-of-conduct prenups. § 61.079(3).
2. No consideration is required other than the marriage itself. Neither of you has to be paid anything for the agreement to bind. § 61.079(3).
3. It becomes effective upon marriage. Sign it and call off the wedding, and it never takes effect. § 61.079(5).
4. It fails only on specific defenses. Under § 61.079(7), a party resisting enforcement must prove the agreement was not signed voluntarily; or was the product of fraud, duress, coercion, or overreaching; or was unconscionable when signed and that party got no fair disclosure, never waived disclosure in writing, and had no reasonable knowledge of the other’s finances.
5. Waiving death rights takes more than a signature. Under section 732.702, waivers of elective share, homestead, and the other spousal death rights must be signed in the presence of two subscribing witnesses — which is why our execution is witnessed and notarized, never a kitchen-table signing.

Every step of our six-step process exists to close off one of those failure modes. The deep-dive guides live on the firm site: what a Florida prenup covers, disclosure done right, and how agreements are attacked and defended.

How long before a Florida wedding should a prenup be signed?

Florida sets no minimum number of days between signing and the wedding — section 61.079 requires only a signed writing. But voluntariness is judged on the calendar, and a late, rushed signing is the classic attack.

Our working rule, statewide: raise it 90 days out, start the process 60 days out, sign at least 30 days before the ceremony. Inside 45 days we still take defensible cases — with rush handling (+$500) and a date-stamped record of every step, because the timeline itself becomes evidence. And if your date makes a defensible agreement impossible, we will tell you so and decline the work rather than draft something built to fail.

Based in Orlando, built for the whole state

The practice is based at Mack Law P.A., 1607 Woodward St, Suite 12, Orlando, FL 32803 — (407) 749-1034 — and runs statewide by design, not as an afterthought. Michael T. Mackhanlall has spent 15+ years in Florida courtrooms litigating the family cases a prenup is meant to decide in advance.

That matters wherever you live, because a challenge to a prenup surfaces in a dissolution case — in whatever Florida circuit your life lands — and the defenses are the same statewide. The agreement is drafted by the kind of lawyer who gets hired to break one. Central Florida couples who want the in-person version start at the Orlando page; everyone else starts with a free 15-minute video consult.