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Pazos Law GroupPrenups · Divorce · Family Law

Florida International Prenup Attorney for Cross-Border Couples

By Nadia Pazos, Florida and New York Licensed Family Law Attorney · Updated

One couple can have a Florida home, a wedding overseas, citizenship in two countries, and property spread across several legal systems. A useful international prenup starts with the Florida agreement and coordinates the issues that cross borders instead of assuming one document automatically works everywhere.

Quick Answer

An international prenup is a Florida premarital agreement designed around cross-border facts. It should identify where each person lives, citizenship and immigration context, every country or state holding assets, the wedding location, possible future homes, governing law, financial disclosure, language needs, and execution rules. Florida permits a written, signed prenup and allows a choice-of-law provision under Fla. Stat. § 61.079. Whether another jurisdiction will recognize a Florida agreement requires advice from counsel there.

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Draft an International Prenup

For a Florida-based party or couple planning across borders, with coordinated disclosure, governing-law, asset, estate and execution provisions.

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Review an Agreement You Received

Independent Florida advice when a fiancé(e), foreign lawyer, family office or out-of-state lawyer sends you a draft.

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When a Prenup Is International

  • One or both future spouses are foreign nationals, dual citizens or visa holders;
  • The wedding will take place outside the United States;
  • A home, business, trust, inheritance, pension, bank account or investment is held abroad;
  • Either person signed or received an agreement in another country or state;
  • The couple expects to live in Florida now but may relocate later;
  • The draft is in another language or one party is more comfortable reviewing it in Spanish.

What the Other Country Requires

A Florida premarital agreement is governed by § 61.079. That statute is not the only law that can reach the agreement. Where one spouse is a citizen of another country, or property sits there, that country applies its own rules of form — and several of them will not recognise an agreement that satisfies Florida and nothing else.

No treaty requires any country to recognise a Florida prenup. The Hague Convention of 14 March 1978 on the Law Applicable to Matrimonial Property Regimes has three contracting parties — France, Luxembourg and the Netherlands. The United States is not one of them, and never has been. Recognition abroad therefore depends on that country’s own domestic law, one country at a time.

Form requirements that a Florida-only agreement can fail. Each row links to the governing text.
CountryWhat that country requires of a marital agreementIf the form is missed
Spain Capitulaciones matrimoniales must be executed as a public deed before a notary — Código Civil art. 1327 — and filed with the Civil Registry to be effective against third parties. No validity in Spain as a capitulación.
Germany An Ehevertrag must be recorded by a civil-law notary with both spouses present at the same time — BGB § 1410. Void for want of form.
Philippines A marriage settlement must be in writing, signed, and executed before the celebration of the marriage — Family Code art. 77 — and registered in the local civil registry and the registries of property to bind third persons. No post-wedding cure. A postnuptial has no equivalent.
Indonesia A perjanjian perkawinan is made as a notarial deed and reported to the Civil Registry. Since Constitutional Court decision 69/PUU-XIII/2015 it may be made before, at, or during the marriage. Property stays joint — see the land point below.
Netherlands
France · Luxembourg		 The only three states bound by the 1978 Hague Convention, under which spouses may designate the law governing their matrimonial property. A designation clause has treaty footing here that it lacks elsewhere.
Quebec (Canada)A marriage contract must be made by notarial act en minute — Civil Code of Québec art. 440, which states they “shall be established by a notarial act en minute, on pain of absolute nullity”. Both spouses sign before the notary, who keeps the original.Absolutely null. A lawyer-drafted or online agreement is void in Quebec. See Canadian couples marrying in Florida.
EcuadorCapitulaciones matrimoniales are granted by escritura pública, or recorded in the marriage act — Código Civil art. 151. Where real property is involved they are registered in the Registro de la Propiedad and noted in the margin of the marriage record.No effect as capitulaciones; the default régimen applies.
Costa RicaCapitulaciones matrimoniales must be recorded in escritura pública and registered in the Registro Público to be valid — Código de Familia art. 37. A private signed document is not enough.Invalid for want of form and registration.
PortugalA convenção antenupcial is made by escritura pública or by declaration before the civil registry official — Código Civil art. 1710 — and must be registered to bind third parties. It lapses if the marriage does not take place.Null as a private document; no effect against third parties if unregistered.

Indonesia: the agreement is what lets an Indonesian spouse keep the land. Where an Indonesian citizen marries a foreign national with no agreement separating property, the joint-property rule gives the foreign spouse an interest in land that Indonesian law does not permit a foreigner to hold. Under art. 21 of the Basic Agrarian Law (No. 5 of 1960), freehold acquired in that position must be relinquished within one year or it passes to the state. A marriage agreement separating property is the mechanism that preserves the Indonesian spouse’s own title.

What this means in practice. Two documents, not one: a Florida agreement drafted to § 61.079, and, where the other country demands its own form, a parallel agreement executed there — commonly called a mirror agreement — drafted so the two do not contradict each other. Pazos Law Group drafts and reviews the Florida side and coordinates with counsel in the other country; we do not opine on foreign law.

The Florida Foundation: § 61.079

Florida’s premarital-agreement statute requires the agreement to be in writing and signed by both parties. It becomes effective upon marriage. The statute allows agreements about property wherever located, management and disposition of assets, spousal support, wills and trusts, life-insurance death benefits, and governing law. A child’s right to support cannot be adversely affected.

Enforcement depends on more than the signature page. Under § 61.079(7)(a), a party may challenge an agreement based on involuntary execution; fraud, duress, coercion or overreaching; or an agreement that was unconscionable when signed together with the statute’s disclosure and knowledge conditions. International facts make the record of disclosure, translation, time and independent advice especially important.

What must be coordinated across borders?

Governing law and future forums

A Florida choice-of-law clause is authorized by § 61.079(4)(a)7., but it is not a promise that every court abroad will apply Florida law. The agreement should address the couple’s realistic future homes, while counsel in another relevant jurisdiction advises on that jurisdiction’s conflict-of-laws and public-policy rules.

Foreign assets and meaningful disclosure

Disclosure schedules should identify foreign entities and assets in terms both parties can understand: legal owner, beneficial interest, jurisdiction, account or entity, approximate value, valuation date and currency. Corporate records, trust instruments and foreign tax documents may require coordination with accountants or local counsel.

Language and understanding

A translated document does not replace independent advice, and machine translation is not a safe substitute for legal review. If language could later become part of a voluntariness dispute, the process should show what version was reviewed, who translated it, and that the person had time to ask questions.

Execution and estate rights

Florida’s divorce statute requires writing and signatures. Separate estate-law formalities may also matter. For example, Fla. Stat. § 732.702 governs waivers of specified surviving-spouse rights and includes witness rules for Florida residents, while also addressing certain waivers executed by nonresidents under the law of another jurisdiction. The signing plan should be set before anyone signs.

Immigration documents

A prenup is a state-law agreement; immigration obligations arise under federal law. Couples using a K-1 or other family-based process should obtain immigration advice about Form I-864 and related obligations. The prenup should not promise that a state-law waiver cancels a separate federal duty.

Foreign Bank Accounts: FBAR, Form 8938 and the Prenup Disclosure Schedule

Two federal reports cover foreign accounts, and both are separate from the prenup. Your tax adviser handles them. Neither changes because you sign a premarital agreement.

  • FBAR (FinCEN Form 114). Under 31 C.F.R. § 1010.350(a), each “United States person” with a financial interest in, or signature or other authority over, a bank, securities or other financial account in a foreign country must report it. Under § 1010.350(b), that means U.S. citizens, U.S. residents (defined by reference to 26 U.S.C. § 7701(b)) and U.S. entities. § 1010.306(c) ties the filing to foreign accounts exceeding $10,000. The IRS explains that this is an aggregate test: file if the combined value of the foreign accounts exceeded $10,000 at any time during the calendar year. A spouse who jointly owns every foreign account with the other spouse can sign FinCEN Form 114a and let that spouse report the joint accounts.
  • Form 8938 (IRS). A specified individual files it with the income tax return when specified foreign financial assets exceed the threshold for their situation. For taxpayers living in the United States, the thresholds are more than $50,000 on the last day of the tax year or more than $75,000 at any time during it, if unmarried or married filing separately; and more than $100,000 or more than $150,000 if married filing jointly. For taxpayers who live abroad and meet a presence-abroad test, the thresholds are $200,000 / $300,000 if unmarried and $400,000 / $600,000 if filing jointly.

The prenup’s job is disclosure. Under § 61.079(7)(a)3., an agreement that was unconscionable when signed is unenforceable if, before signing, the challenging party did not get fair and reasonable disclosure, did not expressly waive further disclosure in writing, and did not have (and could not reasonably have had) adequate knowledge of the other party’s property. A foreign account that one fiancé(e) already reports to the federal government, but leaves off the prenup schedule, is an avoidable gap. Each account on the schedule should show the institution, country, account type, owner or signatory, currency, approximate value and valuation date. A copy of the most recent FBAR or Form 8938 can be attached as support.

Do foreign bank accounts have to be listed in a Florida prenup? Florida law has no separate foreign-account rule, but disclosure matters. Under Fla. Stat. § 61.079(7)(a)3., whether the other party received fair and reasonable disclosure, waived it in writing, or had adequate knowledge can decide an unconscionability challenge. List each foreign account with country, institution, currency and approximate value. FBAR and Form 8938 filing are separate federal duties that your tax adviser handles.

A Practical Cross-Border Process

  1. Map the jurisdictions. Identify residences, citizenships, wedding location, assets and likely future moves.
  2. Choose the Florida role. Decide whether Pazos Law Group is drafting for one party or providing independent review for one party. The firm does not represent both sides.
  3. Build disclosure schedules. Gather records for U.S. and foreign assets, debts, entities, trusts and expected inheritances.
  4. Coordinate outside advice. When another jurisdiction materially matters, local counsel there evaluates recognition, mandatory rules and execution.
  5. Negotiate with time. Each person should have a meaningful opportunity to review, ask questions and obtain independent counsel well before the wedding.
  6. Execute deliberately. Use a signing plan that accounts for Florida requirements, estate provisions, location, witnesses, notarization and reliable records.

Find the Guide That Matches Your Situation

Fees: Pazos Law Group does not publish a standard prenup fee. The fee, the included work and the expected timeline are quoted in writing after a confidential consultation, once the assets and issues are understood. Prenup fee figures published elsewhere are not the firm’s.

Consultations in person or by video. Meet Nadia at our Coral Gables office or by video from anywhere — useful if you live outside Florida, abroad, or your fiancé(e) is overseas. Consultations are available in English and Spanish.

International Prenup Questions

Can a Florida lawyer prepare a prenup when one person lives abroad?

Pazos Law Group can advise its Florida client and work remotely. Whether counsel is also needed in another country depends on the assets, residence, wedding location and where enforcement may be sought. The firm represents one party, not both.

Will a Florida prenup automatically work in another country?

No lawyer should promise automatic recognition. Florida permits governing-law provisions, but another jurisdiction applies its own conflict-of-laws, mandatory-law and public-policy rules. Local advice may be necessary.

Can you review a prenup drafted overseas?

Yes, for its effect under Florida law and the client’s Florida interests. Counsel in the drafting or enforcement country may still be needed. A reliable English or Spanish version and the original document should be available for review.

Does an international couple need two lawyers?

Pazos Law Group represents one party. Independent counsel for the other party is a strong practice, particularly when language, financial complexity or cross-border enforcement could later raise questions about understanding or voluntariness.

Official Sources

This page provides general information about Florida law and is not legal advice. International matters may require advice from lawyers licensed in other states or countries and from immigration, tax, estate-planning or corporate professionals. Reading this page does not create an attorney-client relationship with Pazos Law Group. The firm represents one party to an agreement.