Prenuptial Agreements in Orlando: Why a Notary is Your Best Insurance Policy
- Olivia Sterling
- Jan 26
- 3 min read
Planning a wedding in the City Beautiful? Whether you are hosting a gala in Winter Park, a modern ceremony in Lake Nona, or a traditional event near the Orange County Courthouse, the excitement of marriage comes with important financial planning. In Florida, ensuring your prenuptial agreement is legally sound isn't just a suggestion—under current 2026 regulations, proper notarization is your best insurance policy against future legal headaches.
Original photo by Jonathan Borba
💡 Key Takeaways
Florida prenuptial agreements must be in writing and signed voluntarily by both parties.
Two subscribing witnesses are required if the agreement waives spousal probate or inheritance rights.
Notarization makes the document 'self-authenticating' in Florida courts.
Remote Online Notarization (RON) is a fully legal and secure option in 2026.
Documents can be recorded with the Orange County Comptroller for public record.
Understanding the Legal Foundation in Florida
To be enforceable in the state of Florida, a premarital agreement must navigate two primary sets of laws: the Uniform Premarital Agreement Act (UPAA) and the Florida Probate Code. Under § 61.079, Fla. Stat., the agreement must be in writing and signed by both parties. While it becomes effective only upon marriage, its validity hinges on it being signed voluntarily and with full financial disclosure.
The Critical Role of Witnesses and Notaries
While a simple signature might seem enough, Florida Statute § 732.702 adds a layer of protection. If your agreement involves waiving rights to elective shares or inheritance—common in most prenups—it must be signed in the presence of two subscribing witnesses.
In Orlando, a notary public often serves as one of these witnesses or as the primary authenticator. By having your document notarized, it becomes "self-authenticating" under the Florida Evidence Code. This means if the document is ever challenged in a divorce or probate court, it can be admitted as evidence without needing additional testimony to prove it is real.
2026 Updates: Remote Online Notarization (RON)
As we move through 2026, many Orlando couples are choosing the convenience of Remote Online Notarization (RON). Florida law (Chapter 117, Part II) allows you to sign your prenup from your home in Lake Nona or your office in Downtown Orlando via secure audio-video technology.
However, strict 2026 standards apply:
Recording: The session must be recorded and the notary must keep an electronic journal and video for at least 10 years.
Specific Language: The notarial certificate must explicitly state whether the parties appeared via "physical presence" or "audio-video communication."
Local Orlando Logistics & Filing for Prenup
Once your prenuptial agreement is signed and notarized, you may choose to keep it private or record it for "constructive notice." In Orlando, this is handled by the Orange County Comptroller located at 425 N. Orange Ave, Suite 160.
Recording Fees: Expect to pay approximately $10.00 for the first page and $8.50 for each additional page.
Marriage Licenses: If you are visiting the Clerk of Courts Marriage Division, remember that a marriage license costs $86.00 (or $61.00 if you've completed a premarital course).
By ensuring your identity and capacity are verified by a professional notary, you prevent the three most common grounds for challenging a prenup: fraud, duress, or overreaching.
Your prenuptial agreement is more than just a contract; it is a foundation for your new life together. Don't leave its validity to chance. Protecting your future together? Get your prenuptial or postnuptial agreement notarized today for total peace of mind. Contact us for Orlando Mobile or Remote Online Notary services.
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