Florida and Ontario (Canada): can we sign a postnup that works in both?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 23, 2026

A married couple with connections to Florida and Ontario may want one financial arrangement to address property and expectations in both places. That requires attention to two legal systems and the couple’s actual circumstances.

Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews the Florida side of postnuptial agreements in English or Spanish: (305) 482-1262.

Start With the Couple’s Connections to Each Place

Tell both lawyers where each spouse lives, where the property is located, where you expect to sign and whether an agreement already exists. A Florida home and an Ontario property may raise different questions. Identify the assets and intended arrangements before choosing a document format or assuming that one jurisdiction’s terminology answers the other’s concerns.

Pazos Law Group advises on Florida law only; Ontario law questions need a lawyer licensed in Ontario. The Ontario quotations below are from the official Ontario Family Law Act, R.S.O. 1990, c. F.3. They identify issues to take to Ontario counsel, not an opinion that a particular agreement meets Ontario law.

Ontario Section 52(1): Marriage Contracts

Section 52(1) states:

52 (1) Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including, (a) ownership in or division of property; (b) support obligations; (c) the right to direct the education and moral training of their children, but not the right to decision-making responsibility or parenting time with respect to their children; and (d) any other matter in the settlement of their affairs.

The text includes persons who are already married as well as those intending to marry. It lists property and support among the subjects of a marriage contract and distinguishes specified child-related matters. Ask Ontario counsel how those provisions apply to your intended terms and which questions remain outside the proposed financial arrangement.

Ontario Section 52(2): The Matrimonial Home Limit

Section 52(2) states:

(2) A provision in a marriage contract purporting to limit a spouse’s rights under Part II (Matrimonial Home) is unenforceable.

A clause describing a home as separate property should therefore prompt a specific Ontario-law question about Part II rights. Ask Ontario counsel to review the proposed wording and the property facts. Do not assume that a Florida property provision resolves this Ontario limitation or that changing the agreement’s title avoids it.

Ontario Section 55(1): Written and Witnessed

Section 55(1) states:

55 (1) A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed.

This text addresses both the domestic contract and an agreement amending or rescinding it. Before arranging signatures, ask Ontario counsel to identify the execution steps for the proposed document. Separately ask the Florida lawyer to assess any Florida death-rights waiver. A video review appointment and legally sufficient execution are different steps.

Ontario Section 56(4): Disclosure and Understanding

Section 56(4) states:

56 (4) A court may, on application, set aside a domestic contract or a provision in it, (a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made; (b) if a party did not understand the nature or consequences of the domestic contract; or (c) otherwise in accordance with the law of contract.

The provision expressly identifies significant assets, significant debts or other liabilities, and understanding the contract’s nature or consequences. Prepare financial information that both lawyers can follow, identifying the currency and valuation date for each account or asset. Ask for explanations of unclear terms before signing and identify missing documents instead of leaving silent gaps.

The Florida Side: Casto Review

Florida’s framework for a new postnuptial agreement is case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987), rather than the premarital agreement statute. A postnup can be set aside for fraud, deceit, duress, coercion, misrepresentation or overreaching. An unfair or unreasonable agreement without full asset disclosure also raises a challenge under that framework.

Discuss the financial terms and the circumstances of signing with the Florida lawyer. Identify foreign assets in the schedules rather than assuming they are irrelevant to the review. Both Florida and Ontario raise disclosure concerns in the cited authorities, but that overlap does not make their legal tests identical.

Our Florida postnuptial agreement overview explains the Florida context. An Ontario lawyer must assess the Ontario issues and the proposed agreement’s operation there.

Florida Death-Rights Waivers Under § 732.702

Florida Statutes § 732.702 addresses waivers of surviving-spouse rights, including elective-share, intestate-share and homestead rights. Review any such waiver separately from provisions concerning divorce. Subsection (2) states:

Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage.

Subsection (1) requires two subscribing witnesses for covered waivers signed by Florida residents. It also provides that a nonresident’s waiver is valid in Florida if valid under the law of the place of execution, subject to the statutory wording. That provision concerns the waiver addressed by § 732.702; it is not a statement that an entire Ontario agreement automatically works in Florida.

Practical Questions for the Two Reviews

• Do both lawyers have the same current draft and financial schedules?
• Which provisions address separation, divorce or death?
• Are the home, business and investment interests identified clearly?
• Has each lawyer explained the questions arising under their own jurisdiction’s law?
• Do the final documents reflect the revisions discussed before signing?

Keep a written list of unresolved issues so that a revision requested in one place can be reviewed in the other. Separate advice for each spouse is a practical safeguard when assessing proposed waivers. No page or document label can promise recognition in both jurisdictions.

Florida Advice From Coral Gables

Pazos Law Group’s only office is at 7225 Vistalmar Street, Coral Gables, Florida 33143. The firm serves Miami-Dade, Broward and Palm Beach counties, with consultations in English or Spanish and meetings by video or at the office. See our Miami postnuptial agreement page for local services.

Frequently Asked Questions

Official Sources & Related Reading

• Ontario Family Law Act: sections 52, 55 and 56
• Florida Statutes § 732.702: waiver of spousal rights
• Casto v. Casto, 508 So. 2d 330 (Fla. 1987): Florida postnuptial agreement review.

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.