Brickell Prenuptial Agreement Attorney
Quick Answer
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.
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.
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.
The Five Requirements for an Enforceable Florida Prenup
A Brickell prenup is governed by the Uniform Premarital Agreement Act in Fla. Stat. § 61.079, which requires five things for enforcement:
- A written agreement. Verbal side deals about equity or investments are not enforceable; the terms must be written.
- Signatures from both partners. The contract becomes effective on marriage, with no consideration required beyond the marriage.
- Voluntary execution. Signing under pressure — or the night before the wedding without time to review — can undo the agreement.
- Fair disclosure of finances. Each partner discloses assets, including equity and crypto holdings, or waives disclosure in a valid written statement.
- No unconscionability. The terms cannot be grossly unfair at the time of signing.
Florida law does not make notarization or witnesses mandatory; some couples notarize anyway, but it is optional rather than required.
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.
Drafting an Agreement vs. Reviewing One
Drafting and reviewing call for different work. If you hold the equity, drafting means describing vesting, appreciation, and separate-property tracing precisely enough to survive a challenge. If your partner is the one with the grant, a review makes sure the disclosure of those holdings is real and the terms are balanced. Our prenuptial agreement checklist covers the statements and grant documents to gather first.
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.
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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
Many Brickell couples who come to us about a prenup are already married. The instrument for that situation is a postnuptial agreement — the same financial planning, signed after the wedding rather than before. The concerns are usually identical to the ones that bring Brickell clients here in the first place: finance and tech professionals, condos, RSUs, and pre-marriage investments.
One distinction matters more than any other, and most online forms get it wrong: Fla. Stat. § 61.079 does not govern postnuptial agreements. That statute applies only to agreements made in contemplation of marriage. A postnuptial agreement is enforced under Florida common law and the standards the Florida Supreme Court set in Casto v. Casto, 508 So. 2d 330 (Fla. 1987) — which means a court can set it aside for fraud, duress, coercion or overreaching, or because the agreement is unfair or unreasonable and full financial disclosure was not made.
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.
Read our full guide to Florida postnuptial agreements →
Prenuptial Agreements in Nearby Communities
Pazos Law Group drafts and reviews prenuptial agreements across South Florida. Nearby areas we serve:
- Coconut Grove Prenuptial Agreement Attorney
- Coral Gables Prenuptial Agreement Attorney
- Doral Prenuptial Agreement Attorney
- Key Biscayne Prenuptial Agreement Attorney
- Miami Prenuptial Agreement Attorney
- South Miami Prenuptial Agreement Attorney
- All Florida Prenuptial Agreement Services
What Our Clients Say
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★★★★★“Nadia and her team were a pleasure to work with, especially during tough times. They managed to navigate some sticky situations with creativity and delivered the best results I could have hoped for. I highly recommend Pazos Law Group.”
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★★★★★“My divorce was really complex and as soon as I met Nadia and I explained my case, I knew that I had to go with her, not only because she is very professional but also because she has an excellent team.”
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Reviews reflect the experiences of individual clients. Past results do not guarantee a similar outcome.
Speak With a Brickell Prenuptial Agreement Attorney
Confidential, bilingual consultations for Brickell professionals planning a prenuptial agreement around equity and investments.
Schedule a Confidential ConsultationThis page is general legal information about Florida prenuptial agreements under Fla. Stat. § 61.079 and is not legal advice. Whether any particular agreement is enforceable depends on the specific facts, the parties’ disclosures, and the circumstances of signing. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your situation.