Florida Prenup With a Russian Spouse or Property in Russia: Brachny Dogovor, Joint Property and Disclosure (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 14, 2026

A Russian fiancé(e), an apartment in Moscow, a business in Russia, or a couple who married there and now lives in Miami or Sunny Isles: each raises the question of how Russia’s marital-property rules and Florida law fit together. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenups and postnups for couples with ties to Russia, in English or Spanish: (305) 482-1262.

Two Systems, Two Formalities

• Florida: a premarital agreement “must be in writing and signed by both parties,” and “becomes effective upon marriage of the parties.” § 61.079(3), (5)
• Russia: “Брачный договор может быть заключен как до государственной регистрации заключения брака, так и в любое время в период брака” (a marriage contract may be made before the marriage is registered or at any time during the marriage) (Family Code art. 41(1)). “Брачный договор заключается в письменной форме и подлежит нотариальному удостоверению” (it is made in writing and must be notarized) (art. 41(2)).
• What it can cover: the spouses may replace joint ownership with shared or separate ownership of all property or particular assets, for property they have now and property they acquire later (art. 42(1)).
• Limits in Russia: the contract cannot restrict the spouses’ legal capacity or their right to go to court, regulate personal relations or rights and duties toward children, limit a disabled spouse’s right to support, or contain terms that put one spouse “в крайне неблагоприятное положение” (in an extremely unfavorable position) (art. 42(3)). A court may set aside such terms at a spouse’s request (art. 44(2)).

Watch a short answer: Can a Florida prenup cover assets in another country?

Before or During the Marriage

Russia allows a marriage contract before registration of the marriage or at any time during it; one signed before the marriage takes effect on the day the marriage is registered (art. 41(1)). It “может быть изменен или расторгнут в любое время по соглашению супругов” (may be changed or ended at any time by agreement of the spouses), in the same form as the contract itself (art. 43(1)). Florida also has an after-the-wedding option: a postnuptial agreement. See Florida postnuptial agreements.

Which Law Governs?

Russia’s Family Code lets spouses who have no common citizenship or common residence choose, in a marriage contract, the law that governs their rights and duties under it; without a choice, the law of their common (or last common) place of residence applies (art. 161). A Florida prenup can include its own choice-of-law clause (§ 61.079(4)(a)7.); whether a Russian notary, registry or court will give effect to a Florida agreement is a question for a lawyer in Russia.

The Default: Joint Property

“Законным режимом имущества супругов является режим их совместной собственности” (the statutory regime is joint ownership) (art. 33(1)). “Имущество, нажитое супругами во время брака, является их совместной собственностью” (property acquired during the marriage is jointly owned) (art. 34(1)), including each spouse’s income from work and business (art. 34(2)). Property each spouse owned before the marriage, and gifts and inheritances received during it, belong to that spouse (art. 36(1)).

A contrast worth noticing: in Russia, earnings during the marriage are joint by default (art. 34(2)). In a Florida divorce, “all income derived from nonmarital assets during the marriage” is nonmarital “unless the income was treated, used, or relied upon by the parties as a marital asset” (Fla. Stat. § 61.075(6)(b)3.). Business income and rent from property in Russia are where the two systems can point in different directions, so the agreement should say how they are treated.

A Russian Marriage Contract in a Florida Divorce

• Florida is not a community-property state. § 61.075(8) states that the section does not “establish community property in this state”; Florida divides marital assets by equitable distribution.
• A written agreement controls classification. Assets “excluded from marital assets and liabilities by valid written agreement of the parties” are nonmarital (§ 61.075(6)(b)4.). A notarized brachny dogovor is a written agreement; the joint-property regime that applies by default under art. 33 is not one.
• Comity and public policy. Florida courts enforce foreign law “only to the extent called for under principles of comity,” and do not recognize it where it “would frustrate an established public policy of this state” (Gustafson v. Jensen, 515 So. 2d 1298, 1300 (Fla. 3d DCA 1987)).
• What to bring. A certified copy of the notarized contract and a certified English translation. More detail: enforcing a prenup or postnup in a Florida divorce.

Disclosing Assets in Russia

Florida’s unconscionability defense turns on whether the challenging party received “a fair and reasonable disclosure of the property or financial obligations of the other party,” waived further disclosure in writing, or had adequate knowledge (§ 61.079(7)(a)3.). For Russian assets, the schedules should give each property’s location and approximate value in dollars, any mortgage, company shareholdings, Russian bank and pension accounts, and income from them, with translations where a party does not read Russian.

Pazos Law Group advises on Florida law and does not give opinions on Russian law. Where property is in Russia or the couple married or will marry there, we coordinate with the client’s lawyer in Russia so the Florida agreement and any marriage contract do not contradict each other.

Consultations in person or by video, in English or Spanish. Meet Nadia at our Coral Gables office or by video.

Frequently Asked Questions

Official Sources & Related Reading

• Family Code of the Russian Federation (Семейный кодекс Российской Федерации), arts. 33, 34, 36, 40–44, 161 — Official Internet Portal of Legal Information, pravo.gov.ru (official)
• Fla. Stat. § 61.079, Premarital agreements — Florida Senate
• Fla. Stat. § 61.075, Equitable distribution — Florida Senate
• Enforcing a Prenup or Postnup in a Florida Divorce
• International Prenups in Florida
• Is a Foreign or Out-of-State Prenup Valid in Florida?
• Esta página en español

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