Brickell Prenuptial Agreement Attorney

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated July 2026

Quick Answer

Are prenuptial agreements enforceable in Brickell, Florida?

Yes. A prenuptial agreement signed in Brickell is enforceable under Fla. Stat. § 61.079, Florida’s Uniform Premarital Agreement Act. Section 61.079(3) asks only that the agreement be “in writing and signed by both parties,” and § 61.079(5) provides that it “becomes effective upon marriage of the parties.” A Miami-Dade County judge will enforce it unless the spouse resisting it carries the burden set by § 61.079(7)(a). What varies from couple to couple in Brickell is the subject matter — here, most often vested and unvested equity, restricted stock units, and digital assets held before the wedding. Section 61.079(2)(b) defines property broadly enough to reach all of it.

Brickell is Miami’s financial core, home to young high earners in banking, tech, and crypto whose net worth often lives in equity, RSUs, and pre-marriage investments. A prenuptial agreement puts those assets on record before a marriage begins.

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Prenuptial Agreements for Brickell’s High Earners

Many Brickell couples marry in their late twenties or thirties, at exactly the point their careers are compounding. One partner may hold a vesting equity grant, a stake in a startup, a crypto portfolio, or a condo bought before the relationship. Florida’s prenuptial agreement law lets a couple decide up front which of those assets stay separate and how future growth is treated.

Pazos Law Group prepares and reviews prenuptial agreements for Brickell professionals in English and Spanish, with attention to equity compensation and investments that are easy to overlook when a marriage starts.

Why Brickell Couples Use Prenuptial Agreements

Equity is what makes Brickell different. Restricted stock units and options that vest over years can blur the line between pre-marital and marital property, and a startup founder’s early shares can multiply in value during a marriage. A prenup can define which portions remain separate and how appreciation is handled, so a future dispute does not turn on tracing years of vesting schedules.

Because Florida courts otherwise apply equitable distribution to sort this out — a process you can preview with our marital asset division calculator — agreeing in advance is far cleaner than reconstructing it later.

High-Net-Worth & Complex-Asset Prenups in Brickell

Brickell wealth is concentrated in instruments that do not sit still. A managing director’s carried interest, an associate’s RSU tranches vesting across a four-year cliff, incentive stock options repriced after a funding round, tokens held in cold storage — each moves through vesting, exercise, dilution, and liquidity events during a marriage. Under Fla. Stat. § 61.075, the appreciation of separate property can become subject to equitable distribution when marital labor or funds contribute to its growth, and untangling that afterward means tracing every grant date, strike price, and wallet transaction.

A well-built prenup fixes the characterization up front: it defines which grants stay separate, how in-the-money value and post-marriage vesting are split, and what happens when a fintech or crypto startup’s equity converts at exit. Nadia Pazos drafts these agreements to follow each asset through financings and restructurings, and to hold up under the enforceability standard of Fla. Stat. § 61.079 — full financial disclosure, voluntary signing, and no unconscionable terms. For founders and equity-heavy earners she coordinates with your CPA, corporate counsel, and, where a private company needs a defensible number, a valuation specialist, so the agreement rests on real figures rather than estimates. This is the same discipline behind our work on high-net-worth prenuptial agreements across Florida.

Are Prenuptial Agreements Enforceable in Florida?

Yes, and the governing text is short. Fla. Stat. § 61.079 runs to ten subsections and can be read start to finish in about ten minutes. The formal requirements are in § 61.079(3), which provides that a premarital agreement “must be in writing and signed by both parties” and is “enforceable without consideration other than the marriage itself.” Nothing else is required to form it. Section 61.079(5) then supplies the trigger: the agreement “becomes effective upon marriage of the parties.”

Who Has the Burden of Proof Under § 61.079(7)(a)?

The spouse resisting the agreement carries it. Section 61.079(7)(a) provides that a premarital agreement “is not enforceable” if “the party against whom enforcement is sought proves” one of three things:

Involuntary signing — § 61.079(7)(a)1. turns on whether the party “did not execute the agreement voluntarily.”
Improper conduct — § 61.079(7)(a)2. covers an agreement that “was the product of fraud, duress, coercion, or overreaching.”
An unconscionable bargain struck in the dark — § 61.079(7)(a)3. applies only where the agreement “was unconscionable when it was executed” and the challenger was not given a fair and reasonable disclosure, did not waive disclosure in writing, and did not otherwise have adequate knowledge of the other party’s property or financial obligations.

Because § 61.079(7)(a)3. requires unconscionability and a disclosure failure and no written waiver and no adequate knowledge, a complete asset schedule attached to the agreement usually ends the argument. Section 61.079(7)(c) keeps unconscionability away from the fact-finder: “An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.”

Even a fully valid waiver of alimony has a floor. Section 61.079(7)(b) lets the court order support where the waiver would otherwise make a spouse eligible for a public assistance program. Section 61.079(8) covers the unusual case of a void marriage: the agreement is then enforceable “only to the extent necessary to avoid an inequitable result.”

A Brickell couple already married is outside § 61.079 entirely. Section 61.079(2)(a) limits the Act to agreements made in contemplation of marriage; postnuptial agreements are governed by Casto v. Casto, 508 So. 2d 330 (Fla. 1987), which permits a court to set an agreement aside for fraud, duress, or overreaching. A Brickell couple can read § 61.079 for themselves at leg.state.fl.us, where the Legislature publishes the current text.

Does a Florida Prenup Have to Be Notarized?

No — neither notarization nor witnesses are required by § 61.079(3). Some Brickell couples still notarize, and some sign in front of witnesses, purely to make the execution harder to attack. Under § 61.079(6), however, any later amendment or revocation must be in writing and signed by both parties.

What a Brickell Prenup Can and Cannot Cover

A Brickell prenup can label RSUs, options, startup equity, crypto, and a pre-owned condo as separate property, define how their appreciation is treated, and set or waive spousal support. It can also address a business interest, protect investment accounts, allocate life-insurance benefits, and choose governing law.

It cannot dictate child support or a time-sharing schedule. Those decisions belong to the court under the best-interests test of Fla. Stat. § 61.13 and cannot be locked in by contract.

What Can a Prenup Cover Under § 61.079(4)(a)?

Section 61.079(4)(a) lists eight subjects that prospective spouses “may contract with respect to.” They are, in the statute’s order:

Property rights of either or both parties, “whenever and wherever acquired or located” (§ 61.079(4)(a)1.).
Management and control — buying, selling, leasing, encumbering, or disposing of property (§ 61.079(4)(a)2.).
Disposition of property “upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event” (§ 61.079(4)(a)3.).
Spousal support, including its complete elimination (§ 61.079(4)(a)4.).
Wills, trusts, and other arrangements carrying out the agreement (§ 61.079(4)(a)5.).
Life insurance death benefits (§ 61.079(4)(a)6.).
Choice of governing law (§ 61.079(4)(a)7.).
Any other lawful matter, including personal rights and obligations (§ 61.079(4)(a)8.).

A Brickell couple can state that restricted stock units granted before the wedding remain separate even though they vest during the marriage, and can decide in advance how a later grant is treated. Because § 61.079(2)(b) defines property to include future, contingent, and intangible interests as well as active and passive income, the eight subjects above cover nearly everything a Brickell couple would want to settle.

Without an agreement, the default rules apply. Fla. Stat. § 61.075 requires the court to classify property before dividing it; § 61.075(6)(b) treats assets acquired before the marriage and property acquired separately by gift or inheritance as nonmarital, while § 61.075(6)(a)1.b. pulls the enhancement in value of a nonmarital asset into the marital estate when it results from marital labor or marital funds. Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), addresses how passive appreciation on a nonmarital property is treated when marital funds pay down the mortgage.

Spousal support is contractible under § 61.079(4)(a)4., which permits “the establishment, modification, waiver, or elimination of spousal support.” A waiver displaces the framework in § 61.08 as rewritten in 2023, subject only to the public-assistance override in § 61.079(7)(b). Choice of law under § 61.079(4)(a)7. pairs naturally with § 61.052(5), which lets a court enforce an antenuptial agreement to arbitrate under the law and tradition the parties choose.

What a Prenup Cannot Waive (§ 61.079(4)(b))

Section 61.079(4)(b) is one sentence long and it is absolute: “The right of a child to support may not be adversely affected by a premarital agreement.” Parents cannot contract around § 61.30. The guidelines schedule sets the presumptive amount from both parents’ net incomes and the overnight count in the parenting plan.

A prenup also cannot set a parenting plan. Under § 61.13(2)(c), effective 1 July 2023, equal time-sharing is presumed to be in the child’s best interests unless the presumption is rebutted by a preponderance of the evidence.

The remaining limits are narrow. Under § 61.079(4)(a)8. a term must not violate Florida public policy or a criminal statute, and under § 61.079(7)(b) a support waiver yields where it would leave a spouse on public assistance.

How Much Does a Prenup Cost in Brickell, Florida?

Start with what a prenup does not cost: nothing is paid to a clerk. The agreement is a private contract and is filed with a court only if it is later litigated. Pricing is normally a flat fee and varies by complexity rather than by hours. The low end of the range covers a short agreement between two salaried people; the high end covers business interests, valuations, trust coordination, and multi-jurisdiction assets. Each spouse should retain separate counsel in Brickell, which means two engagements, and a range is the most any firm can responsibly give before reviewing the balance sheet.

The cost drivers are consistent — the size of the disclosure schedule that § 61.079(7)(a)3.a. effectively requires, the need for a valuation, and the number of drafts exchanged. Equity compensation drives cost, because vesting schedules, grant agreements, and any employer transfer restrictions all have to be read before the clause is written.

A Brickell couple that begins several months out pays less and forecloses the § 61.079(7)(a)1. argument that the agreement was not executed voluntarily. For comparison, a contested dissolution starts with the Miami-Dade Clerk’s dissolution of marriage filing fee of $409.00, and everything after that — valuations, depositions, hearings — is additional. A prenup is normally the cheaper of the two documents by a wide margin.

How Long Does a Divorce Take in Brickell, Florida?

Residency is the first clock. Section 61.021 states that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition,” and § 61.052(2) allows that residency to be corroborated by a Florida driver license, voter registration card, or identification card.

Florida sets no waiting period after filing. Where there is no minor child and the other spouse does not deny that the marriage is irretrievably broken, § 61.052(2)(a) directs the court to enter judgment once it so finds, and an uncontested Brickell case can close in weeks. Where a minor child is involved or the responding spouse denies the ground, § 61.052(2)(b) lets the court continue the proceedings “for a reasonable length of time not to exceed 3 months” to allow reconciliation.

Most elapsed time is spent in mediation and discovery. Section 61.183 allows the court to refer contested issues to mediation, § 44.102 governs court-ordered mediation, and § 44.405 makes mediation communications confidential and privileged. Brickell is part of the City of Miami; its dissolution filings go to the Miami-Dade Clerk at the Lawson E. Thomas Courthouse Center or the main civil courthouse.

A valid agreement shortens the contested list. Property classification under § 61.075 and alimony under § 61.08 are already decided, leaving the Eleventh Judicial Circuit with parenting issues and child support — the two subjects § 61.079(4)(b) keeps out of the agreement. Florida’s court system publishes family-court information and approved forms at flcourts.gov.

Florida Prenup Rules at a Glance

The rules a Brickell couple actually needs, with the pinpoint citation for each:

Statute: Fla. Stat. § 61.079 (Uniform Premarital Agreement Act, § 61.079(1)).
Execution: in writing, signed by both parties; no consideration other than the marriage (§ 61.079(3)).
Notarization: optional in Brickell; § 61.079(3) does not require it.
Takes effect: upon marriage (§ 61.079(5)).
Challenger’s burden: prove involuntariness, fraud or duress or coercion or overreaching, or unconscionability plus a disclosure failure (§ 61.079(7)(a)).
Judge decides unconscionability as a matter of law (§ 61.079(7)(c)).
Out of bounds: child support (§ 61.079(4)(b), § 61.30) and the time-sharing presumption (§ 61.13(2)(c)).
If there is no agreement: § 61.075 classifies and divides, and § 61.08 governs alimony.
Amendment or revocation: written and signed only (§ 61.079(6)).

Drafting an Agreement vs. Reviewing One

Drafting sets the terms; review tests them. A drafted Brickell agreement is built around the disclosure requirement in § 61.079(7)(a)3.a. and the permitted subjects in § 61.079(4)(a). A reviewed agreement is read the other way — looking for the gaps a court would examine under § 61.079(7)(a) if it were ever challenged.

How Pazos Law Group Helps Brickell Couples

From Coral Gables we serve Brickell and the downtown Miami corridor in English and Spanish, on a timeline that fits a demanding career. Nadia Pazos is AV Preeminent-rated and licensed in Florida and New York.

Frequently Asked Questions

How does a prenup handle RSUs and stock options?

A prenup can specify which portions of an equity grant are separate property and how vesting and appreciation during the marriage are treated. Because vesting can straddle the wedding date, defining this in advance avoids a difficult tracing dispute later.

I bought my Brickell condo before we met. Is it protected?

A condo you owned before marriage may be non-marital, but mortgage paydown and appreciation during the marriage can create marital claims. A prenup can confirm the unit and its growth remain your separate property.

Can a prenup cover cryptocurrency?

Yes. Crypto holdings can be identified as separate property in a prenuptial agreement. Disclosing them accurately is important, since undisclosed assets can undermine the fair-disclosure requirement under Fla. Stat. § 61.079.

We are getting married soon. Is there enough time?

Timing matters because an agreement signed under last-minute pressure is easier to challenge. It is best to start well before the wedding so both partners can review with independent counsel and disclosure can be exchanged unhurried.

Are prenuptial agreements enforceable in Brickell, Florida?

Yes. Florida enforces premarital agreements under § 61.079, and the burden of defeating one rests entirely on the spouse who signed it. Section 61.079(7)(a) lists the only three grounds, and § 61.079(7)(c) makes unconscionability a question of law for the judge rather than a factual dispute.

How much does a prenup cost in Brickell, Florida?

The document itself costs nothing to file, because it is not filed. What varies is the attorney fee, normally quoted as a flat amount that varies by complexity — driven by the length of the disclosure schedule that § 61.079(7)(a)3.a. makes advisable, by any valuation work, and by the number of drafts exchanged. Each spouse should retain separate counsel.

Can a Brickell prenup waive child support or set a parenting schedule?

No. Section 61.079(4)(b) puts child support outside the agreement entirely, and a Eleventh Judicial Circuit judge applies the § 61.30 guidelines using both parents’ net incomes and the overnight count. Time-sharing is likewise reserved to the court under § 61.13(2)(c) and its 2023 equal time-sharing presumption.

Does a Florida prenup have to be notarized or witnessed?

No. Neither a notary nor witnesses are required by § 61.079(3), which asks only for a signed writing and dispenses with consideration beyond the marriage. Notarizing is a practical safeguard rather than a legal condition. Section 61.079(6) is stricter about changes: they must be written and signed.

How long does a divorce take in Brickell, Florida?

Florida sets no mandatory waiting period. The prerequisites are six months of residence by one spouse (§ 61.021) and an irretrievably broken marriage (§ 61.052(1)(a)). Where a minor child is involved or the ground is denied, § 61.052(2)(b) lets the court continue the case for up to three months. A prenup shortens the timeline by settling § 61.075 property questions and § 61.08 alimony in advance.

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Prenuptial Agreements for Brickell Professionals

For Brickell’s finance and tech couples, the assets most worth protecting — vesting equity, startup stakes, and a first condo — are exactly the ones a marriage can blur. A prenup under Fla. Stat. § 61.079 records those interests before the marriage begins. Pazos Law Group drafts and reviews them from Coral Gables, minutes from Brickell.

Postnuptial Agreements in Brickell

In Brickell, many of these questions arrive after the wedding rather than before it. The instrument for that situation is a postnuptial agreement — the same financial planning, signed after the wedding rather than before. The financial issues are generally unchanged: finance and tech professionals, condos, RSUs, and pre-marriage investments.

The dividing line is timing, not content. Because § 61.079(2)(a) reaches only agreements “made in contemplation of marriage,” Fla. Stat. § 61.079 has nothing to say about a document signed after the ceremony. A postnuptial agreement in Brickell is tested instead under Casto v. Casto, 508 So. 2d 330 (Fla. 1987) — fraud, duress, coercion, or overreaching will void it, as will unfairness coupled with incomplete disclosure.

A Brickell postnuptial agreement can classify separate and marital property, allocate debt, address a business, and define or waive spousal support that would otherwise fall under § 61.08. What it cannot do is affect a child’s right to support — that right belongs to the child and is calculated under § 61.30 regardless of what the spouses agree.

Florida postnuptial agreements, in detail →

Prenuptial Agreements in Nearby Communities

Prenuptial agreements under Fla. Stat. § 61.079 are drafted and reviewed throughout South Florida. Nearby communities:

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