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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.

Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews international Florida prenups for couples with assets, family, or immigration ties in other countries, in English or Spanish: (305) 482-1262.

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

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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.

Want to talk it through? Book a consult or call 305-482-1262.

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. See Florida prenups with a German spouse or property in Germany. Void for want of form.
Italy Convenzioni matrimoniali must be executed as an atto pubblico (a notarial public deed) — Codice civile art. 162 — and annotated in the margin of the marriage record to be enforceable against third parties. See Florida prenups with an Italian spouse or property in Italy. Null (“sotto pena di nullità”).
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.
Taiwan A matrimonial property regime contract must be made in writing — Civil Code art. 1007 — and registered with the district court of the spouses’ domicile to be effective against third parties (art. 1008; Non-Contentious Matters Act art. 101). Cannot be asserted against third parties if unregistered.
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. See Florida prenups with an Ecuadorian spouse or property in Ecuador.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. See Florida prenups with a Portuguese spouse or property in Portugal.Null as a private document; no effect against third parties if unregistered.
ArgentinaConvenciones matrimoniales must be made by escritura pública before the wedding and may cover only the matters listed in art. 446; the choice of a separate-property regime binds third parties once noted in the margin of the marriage record — Código Civil y Comercial art. 448. After one year of marriage the regime can be changed by escritura pública (art. 449). See Florida prenups with an Argentine spouse or property in Argentina.The default comunidad de ganancias applies (art. 463).
BrazilA pacto antenupcial must be made by escritura pública before the wedding — Código Civil arts. 1.639–1.640 — and registered at the Registro de Imóveis of the couple’s domicile to bind third parties (art. 1.657). Changing the regime after the wedding requires a court order on a joint, reasoned request (art. 1.639 §2). See Florida prenups with a Brazilian spouse or property in Brazil.Null (art. 1.653); comunhão parcial applies.
ColombiaCapitulaciones matrimoniales are made before the wedding by escritura pública — Código Civil arts. 1771–1772 — and entered in the civil registry. Once the couple is married they cannot be altered (art. 1778); the only route during the marriage is to dissolve the sociedad conyugal by escritura pública (art. 1820). See Florida prenups with a Colombian spouse or property in Colombia.Not valid: “De otra manera no valdrán” (art. 1772).
CubaPactos matrimoniales are made by notarial escritura pública and bind third parties once noted in the margin of the marriage record — Código de las Familias (Ley 156/2022) art. 223. They lapse if the wedding does not take place within six months (art. 222); after one year of marriage the regime can be changed by escritura pública (art. 224).The default community regime applies (art. 226).
Mexico (Mexico City)Capitulaciones may be made before or during the marriage (art. 180). A separate-property agreement made before the wedding needs no public deed (art. 210), but a deed is required where property is transferred (art. 185), and changes must be noted in the Registro Público de la Propiedad to bind third parties — Código Civil para el Distrito Federal art. 186. Each Mexican state has its own civil code.No effect against third parties if not registered (art. 186).
PeruChoosing separación de patrimonios requires escritura pública before the wedding and registration in the registro personal — Código Civil art. 295. During the marriage the spouses can switch regimes by escritura pública and registration, effective from the date of registration (art. 296).Null; sociedad de gananciales is presumed (art. 295).
VenezuelaCapitulaciones matrimoniales must be executed before a Registrador before the wedding — Código Civil art. 143 — and any change must be noted in the margin of the original instrument to bind third parties (art. 145). Since 2021 the Constitutional Chamber reads art. 143 so that capitulaciones “podrán celebrarse válidamente antes y durante el matrimonio” (TSJ Sala Constitucional, 9 Apr 2026 (exp. 24-1117), applying sentencia n.° 652 of 26 Nov 2021). See Florida prenups with Venezuelan ties.Null: “so pena de nulidad” (art. 143).
Dominican RepublicConvenciones matrimoniales must be made before the wedding by notarial act, and the notary’s certificate is taken to the Oficial del Estado Civil before the ceremony — Código Civil art. 1394; the marriage record states whether a contract was made (art. 76). No change is possible after the wedding (art. 1395).Pre-wedding changes not recorded after the original contract are null against third parties (art. 1397).
JamaicaA spousal property agreement may be made before or during the marriage (s. 10(1)). It must be in writing, signed by both and witnessed (in Jamaica, by a Justice of the Peace or an Attorney-at-Law), and each party must receive independent legal advice that the adviser certifies — Property (Rights of Spouses) Act s. 10(3)–(4).Unenforceable (s. 10(5)), unless the court finds the defect caused no material prejudice (s. 10(7)).
PanamaCapitulaciones matrimoniales may be made before or after the wedding and must be in escritura pública — Código de la Familia art. 87 — and are noted in the Civil Registry marriage record; those affecting real estate are registered in the Registro Público (art. 91). A pre-wedding agreement lapses if the marriage does not take place within one year (art. 93). See Florida prenups with Panama ties.Ineffective; participación en las ganancias applies (art. 82).

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

My fiancé(e) owns property in Colombia or Brazil. How do we handle the prenup?

List each foreign property in the Florida agreement’s disclosure schedules, since disclosure is weighed under § 61.079(7)(a)3. Then check the other country’s form: Colombia requires capitulaciones by escritura pública before the wedding (Código Civil arts. 1771–1772), and Brazil a pacto antenupcial by escritura pública (Código Civil arts. 1.639–1.640). A parallel local deed may be needed. See the country table.

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.

Can a Florida prenup cover property abroad?

Yes. A Florida prenup can cover property anywhere in the world, but whether another country will honor it is a question for a lawyer in that country. Florida's prenup law covers property wherever it is located and whenever it was acquired (§ 61.079(4)(a)1). A house overseas. A foreign bank account. A share in a family business abroad. Watch the 2-minute answer →

Do we have to list foreign assets?

Each of you should list money, property and debts in every country, with the institution, country, currency and rough value. Missing disclosure can matter if the prenup is challenged in a divorce (§ 61.079(7)(a)). U.S. foreign-account tax reporting is separate. Watch the 2-minute answer →

Which country's law will apply?

A Florida prenup can choose which law applies to it (§ 61.079(4)(a)7), but a court abroad may still apply its own rules. No treaty makes other countries honor a Florida prenup. So talk to a lawyer in that country. Some couples sign two matching agreements: one for Florida, and one for the other country. Watch the 2-minute answer →

How does a Florida prenup have to be signed?

A Florida prenup must be in writing and signed by both of you (§ 61.079(3)). If you live in Florida and give up rights at death, that part needs two witnesses (§ 732.702(1)). Plan the signing before anyone signs, especially if you'll sign in different countries. Watch the 2-minute answer →

What if one of us reads another language better?

If one of you reads another language better, plan for that early. Get a proper translation, so you both understand what you sign. A machine translation isn't a safe substitute. Keep a record of which version each of you read, and who translated it. Watch the 2-minute answer →

We're marrying on a K-1 visa. Does the prenup change the immigration support promise?

Don't assume a prenup changes the immigration support promise. The I-864 support form in a family immigration case is a promise to the federal government. A Florida prenup is a state agreement between the two of you. So get advice from an immigration lawyer on that part. Watch the 2-minute answer →

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.