Florida Prenup for Marriage in Poland or a Polish Spouse: Notarial Deeds and Later Changes (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 22, 2026

Pazos Law Group, a family law firm in Coral Gables, drafts and reviews Florida prenups for couples marrying in Poland or with a Polish spouse, in English or Spanish. A Polish fiancé or fiancée may already be considering a notarial property agreement before a wedding in Poland. If the couple will then live in Florida, bring that proposal to Florida counsel as well. Keep the Polish document, any later changes and the Florida draft available for comparison.

Polish Property Agreements: Articles 47 and 47¹

The following Polish text comes from the Sejm ELI consolidated Family and Guardianship Code, Dz.U. 2023 poz. 2809. English passages are our translation. They identify points for Polish counsel to assess, including which arrangement the couple intends and how its formalities apply.

Article 47, Sections 1–2

Art. 47. § 1. Małżonkowie mogą przez umowę zawartą w formie aktu notarialnego wspólność ustawową rozszerzyć lub ograniczyć albo ustanowić rozdzielność majątkową lub rozdzielność majątkową z wyrównaniem dorobków (umowa majątkowa). Umowa taka może poprzedzać zawarcie małżeństwa. § 2. Umowa majątkowa małżeńska może być zmieniona albo rozwiązana. W razie jej rozwiązania w czasie trwania małżeństwa, powstaje między małżonkami wspólność ustawowa, chyba że strony postanowiły inaczej.

Article 47 § 1 — our translation: Spouses may, by an agreement concluded in the form of a notarial deed, extend or limit statutory community property, or establish separation of property or separation of property with equalization of gains (a property agreement). Such an agreement may precede the marriage.

Article 47 § 2 — our translation: A marital property agreement may be changed or terminated. If it is terminated during the marriage, statutory community property arises between the spouses unless they have provided otherwise.

Article 47¹: Third Persons

Art. 47¹. Małżonek może powoływać się względem innych osób na umowę majątkową małżeńską, gdy jej zawarcie oraz rodzaj były tym osobom wiadome.

Article 47¹ — our translation: A spouse may invoke a marital property agreement against other persons if the conclusion of the agreement and its type were known to those persons.

Source: Sejm ELI, Family and Guardianship Code, articles 47 and 47¹.

Ask What the Deed Will Actually Establish

The quoted article 47 does more than mention separation of property: it lists several kinds of arrangement. Ask Polish counsel which option fits the couple's intentions and which property it would affect. Do not assume that adding a signature acknowledgment to a Florida draft supplies the notarial-deed form described in the Polish provision.

Provide the Polish lawyer and each person's Florida lawyer with the same ownership information. For a planned Florida home, explain the source of the down payment and how the couple wants future contributions handled. For property retained in Poland, provide available title records and debt information. These are planning questions; the quoted provisions alone do not decide ownership of a particular asset.

Track Changes and Do Not Assume Third-Party Effect

Article 47 § 2 expressly permits changing or terminating a marital property agreement and describes the default consequence of termination during marriage. If a deed has already been signed, disclose every amendment and termination document. Reviewing only the first version can leave counsel assessing terms the couple later changed.

Article 47¹ refers to other persons knowing both that the agreement was concluded and its type. It does not say that signing a deed automatically establishes that knowledge in every transaction. Ask Polish counsel how the rule applies to a particular third person and what evidence matters; this page does not prescribe a notice procedure.

Florida Requirements: The Agreement and Its Limits

Section 61.079(3) states: A premarital agreement must be in writing and signed by both parties. The agreement becomes effective upon marriage under subsection (5). These Florida formalities do not settle another country's requirements.

Section 61.079(4) permits terms about property rights, management and disposition, spousal support, estate arrangements and the law governing construction of the agreement. Property may be addressed wherever acquired or located. The statute also says: The right of a child to support may not be adversely affected by a premarital agreement. A Florida choice-of-law clause does not promise acceptance in another jurisdiction.

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 together with all three disclosure conditions. Those conditions are lack of fair and reasonable financial disclosure, no voluntary express written waiver of further 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), (5), (7)(a).

Independent Advice and Matching Language Versions

Each spouse should have independent counsel for the Florida agreement, even when a Polish deed is also being prepared. Arrange review by video if one person remains in Poland. Give the reviewing lawyer the deed, the Florida proposal and all financial schedules rather than sending a signature page alone.

Translation should support informed consent, not simply provide an English title for a Polish document. Ask for translation of material terms and amendments and interpretation where needed for private legal discussions. Identify any difference between the versions before signing. Pazos Law Group's English or Spanish service does not represent Polish-language service, and a translator does not replace either spouse's lawyer.

Signing in Poland and Waiving Florida Rights at Death

Have Polish counsel confirm the notarial process applicable to the proposed Polish agreement. Separately, Florida counsel should assess the execution of the Florida document. Section 61.079(3) does not itself require a notary, but a discussion by video does not establish that remote signing is available or appropriate. Confirm any notarial provider directly; Pazos Law Group does not offer Polish notarization.

For the surviving-spouse rights listed in § 732.702(1), the statute requires a writing signed by the waiving party in the presence of two subscribing witnesses. Its witness requirement applies to agreements signed by Florida residents after the law's effective date. A separate provision recognizes a nonresident's agreement valid under the law where executed, whether or not that person is a Florida resident at death. Counsel should assess residency and the relevant formalities; a Polish signing location alone does not answer that question.

Source: Fla. Stat. § 732.702(1).

A notarial deed and a Florida death-rights waiver should therefore be reviewed for their respective purposes. Do not assume that one notarial signature replaces any required subscribing witnesses. Coordinate the agreement with the intended estate arrangements and retain the completed documents together.

Bring a Complete Agreement History

• Proposed wedding and relocation dates, with each person's present residence.
• The initial Polish deed and any changes or termination documents.
• Property and debt schedules, valuation dates and matching translations.
• Questions about the proposed regime and any third person who may be affected.
• Each spouse's independent Florida review and the confirmed signing arrangements.

Frequently Asked Questions

Can the Polish property agreement precede marriage?

Yes. Article 47 § 1 expressly says it may precede the marriage and specifies notarial-deed form. Ask Polish counsel to handle the Polish requirements. Florida counsel separately considers the prospective spouses' agreement under § 61.079, including its terms, disclosure and execution.

Does changing the Polish deed automatically change the Florida agreement?

Do not assume that result. Give both lawyers the proposed changes and have them assess each document. Florida § 61.079(6) requires a written agreement signed by the parties for post-marriage amendment, revocation or abandonment of a premarital agreement; Polish article 47 requires its own analysis.

Pazos Law Group has one office, in Coral Gables, Florida. Pazos Law Group advises on Florida law only; questions about Poland law need a lawyer licensed there.

Primary Sources

• Sejm ELI — Family and Guardianship Code, articles 47 and 47¹, Dz.U. 2023 poz. 2809
• Fla. Stat. § 61.079 — premarital agreements
• Fla. Stat. § 732.702 — waiver of spousal rights

Related Reading

• Florida agreements involving more than one country
• Planning to sign before an overseas marriage
• Reviewing an agreement 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.