Florida Prenup for a French Spouse or Marriage in France (2026)
Pazos Law Group, a family law firm in Coral Gables, drafts and reviews Florida prenups for couples marrying in France or with a French spouse, in English or Spanish. For a French fiancé or fiancée, or a France wedding before a Florida move, start with the marriage date and existing contracts.
Quick Answer
How should we plan a France wedding followed by life in Florida?
Review the Florida prenup and any French contrat de mariage together before the wedding. French law specifies a notarial form and pre-wedding timing; Florida has its own writing, signature and enforcement rules. Neither document should be assumed to work unchanged in both places. Pazos Law Group advises on Florida law only; questions about French law need a lawyer or notaire licensed in France.
French Marriage Contracts: Choice Within Limits
La loi ne régit l'association conjugale, quant aux biens, qu'à défaut de conventions spéciales que les époux peuvent faire comme ils le jugent à propos, pourvu qu'elles ne soient pas contraires aux bonnes moeurs ni aux dispositions qui suivent.
Our translation: The law governs the marital association as to property only in the absence of special agreements that spouses may make as they think appropriate, provided these are not contrary to good morals or the provisions that follow.
Les époux ne peuvent déroger ni aux devoirs ni aux droits qui résultent pour eux du mariage, ni aux règles de l'autorité parentale, de l'administration légale et de la tutelle.
Our translation: Spouses may not depart from the duties or rights arising for them from marriage, or the rules of parental authority, legal administration and guardianship.
Les époux peuvent déclarer, de manière générale, qu'ils entendent se marier sous l'un des régimes prévus au présent code.
Our translation: Spouses may declare, in general terms, that they intend to marry under one of the regimes provided for in this code.
These provisions describe choices within a legal framework. Ask French counsel which regime fits your circumstances and how it relates to the proposed Florida agreement.
The Notaire and the Wedding Date
Toutes les conventions matrimoniales seront rédigées par acte devant notaire, en la présence et avec le consentement simultanés de toutes les personnes qui y sont parties ou de leurs mandataires.
Our translation: All matrimonial agreements shall be drawn up by deed before a notaire, in the simultaneous presence and with the simultaneous consent of all persons who are parties to them or their authorized representatives.
Les conventions matrimoniales doivent être rédigées avant la célébration du mariage et ne peuvent prendre effet qu'au jour de cette célébration.
Our translation: Matrimonial agreements must be drawn up before the marriage ceremony and may take effect only on the day of that ceremony.
A contrat de mariage therefore involves a formal notarial process. Give the notaire the wedding date and Florida draft. A video discussion with Florida counsel does not itself establish compliance with these French formalities.
Changing the Plan Before or After Marriage
Les changements qui seraient apportés aux conventions matrimoniales avant la célébration du mariage doivent être constatés par un acte passé dans les mêmes formes.
Our translation: Changes made to matrimonial agreements before the marriage ceremony must be recorded in a deed executed in the same forms.
The next sentence also requires simultaneous presence and consent of the original parties or their authorized representatives. Article 1396 separately addresses changes after marriage, including a notarial deed under the following article, with court approval where applicable.
Les époux peuvent convenir, dans l'intérêt de la famille, de modifier leur régime matrimonial, ou même d'en changer entièrement, par un acte notarié.
Our translation: Spouses may agree, in the interest of the family, to modify their matrimonial regime, or even change it entirely, by a notarial deed.
This is an excerpt, not the entire procedure. Article 1397 also addresses liquidation where necessary, notices, objections and court involvement. Ask a French lawyer or notaire to assess those requirements; a later change should not be treated as simply signing a replacement prenup.
What the Florida Agreement Can Address
Section 61.079(3) states: A premarital agreement must be in writing and signed by both parties.
Under subsection (4), terms may address property wherever acquired or located, management and disposition of property, spousal support, estate arrangements and the law governing construction of the agreement. It also provides: The right of a child to support may not be adversely affected by a premarital agreement.
For a couple moving from France, discuss savings held in euros, a French apartment, business interests and contributions toward a Florida home. Record ownership, debts, currencies and valuation dates. A choice-of-law clause does not promise recognition of the agreement in France.
Under § 61.079(7)(a), in the specified Florida family-law proceedings, the party resisting enforcement must prove involuntary execution; fraud, duress, coercion or overreaching; or unconscionability at execution combined with all three disclosure conditions. Those conditions concern lack of fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no adequate knowledge or reasonable ability to have that knowledge. The unconscionability ground requires that combination; the other grounds are separate.
Source: Fla. Stat. § 61.079(3), (4), (7)(a).
Separate Advice, Video Review and Translation
Each spouse should have independent counsel for the Florida prenup. The lawyer drafting for one spouse is not the other spouse's independent adviser. Review by video can help a person in France discuss the Florida draft privately with their own lawyer. Send advisers the same version and schedules.
Arrange translation or interpretation so consent is informed. Conversational English may not be enough to understand property classifications or waivers. Resolve questions and reconcile language versions before signing. Pazos Law Group works in English or Spanish; arrange any needed French-language assistance separately.
Signing in France: Residence and Witnesses Matter
Section 61.079(3) itself requires writing and both signatures, without specifying notarization or witnesses. Separate rules apply to certain surviving-spouse rights under § 732.702. Its waiver language includes: signed by the waiving party in the presence of two subscribing witnesses.
The statute limits its witness requirement to agreements signed by Florida residents after the law's effective date.
For nonresidents, § 732.702(1) separately recognizes an agreement valid when executed under the law of the state or country of execution. Being temporarily in France does not by itself answer the residence question. Counsel should check residence, the particular waivers and the execution method before anyone signs. If a notarial act is needed, arrange it with an authorized provider; Pazos Law Group's Florida review does not supply French notarial services.
Source: Fla. Stat. § 732.702(1).
Bring These Questions to Your Advisers
- Is there already a French contract, a Florida draft or a signed agreement?
- Do all advisers have the legal marriage date and current residence information?
- Are the asset schedules and translations consistent with the version to be signed?
- Who will confirm the French notarial steps and any Florida witness requirements?
Frequently Asked Questions
Does marrying in France replace the Florida prenup review?
No. A French marriage contract and a Florida prenup raise separate questions. Have the French adviser and each spouse's Florida counsel review the relevant documents before relying on either.
What if we have already married?
Tell counsel before requesting a premarital agreement. French articles 1396 and 1397 address later changes; the appropriate Florida document also needs separate review. Do not backdate a contract to make it appear signed before marriage.
Pazos Law Group has one office, in Coral Gables, Florida. Pazos Law Group advises on Florida law only; questions about French law need a lawyer or notaire licensed in France.
Primary Sources
- French Code civil, article 1387
- French Code civil, article 1388
- French Code civil, article 1393
- French Code civil, article 1394
- French Code civil, article 1395
- French Code civil, article 1396
- French Code civil, article 1397
- Fla. Stat. § 61.079 — premarital agreements
- Fla. Stat. § 732.702 — waiver of spousal rights
Related Reading
- Coordinating Florida agreements across countries
- Planning a prenup before an overseas wedding
- Review of agreements prepared outside Florida
Attorney advertising. General information, not legal advice.
The information on this page is for general informational purposes only and does not constitute legal advice, and it does not address the law of any state or country other than Florida except as expressly noted. 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, and counsel licensed in any other state or country whose law may apply.