Florida Prenup for a UK Marriage or British Spouse: Three Legal Systems to Consider (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 the UK or with a British spouse, in English or Spanish. A British fiancé or fiancée and a planned UK wedding raise a first question: which UK legal system is relevant to the couple? Identify the place of marriage, present homes and planned Florida residence before comparing documents.

England and Wales: Radmacher Is Case Law

Paragraph 75 of Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 gives the following proposition for ante- and post-nuptial agreements:

The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.

This is a judicial statement in case law for England and Wales, not a statute declaring every prenup binding. It addresses both how the agreement was entered into and fairness in the circumstances prevailing. Ask an England and Wales lawyer how that principle applies to the proposed terms, financial information and each person's understanding.

Source: UK Supreme Court, Radmacher, paragraph 75.

Scotland and Northern Ireland Need Separate Questions

Scotland's Family Law (Scotland) Act 1985, section 16(1), permits a court to set aside or vary an agreement on financial provision on divorce within its terms. Section 16(1)(b) addresses:

the agreement or any term of it where the agreement was not fair and reasonable at the time it was entered into.

That wording expressly focuses on fairness and reasonableness when the agreement was entered into. It should not be replaced with the wording of Radmacher. If Scotland is involved, give Scottish counsel the proposed agreement and the circumstances surrounding its preparation.

Source: Family Law (Scotland) Act 1985, section 16(1)(b).

Northern Ireland has its own legal system and rules. Ask a lawyer there about a Northern Ireland connection. A British passport or a reference to UK law does not tell your Florida lawyer which of these systems needs to be considered.

Map the Wedding and the Florida Move Separately

Start with a short chronology: where each person lives now, where the legal marriage will occur, where you expect to live afterward, and whether either person already signed a property agreement. Give both lawyers the same chronology. The wedding venue alone is not a substitute for advice about which law a court may apply.

For financial disclosure, list property and debts in both countries. Identify account ownership, outstanding loans and any interests held with relatives. Record currencies and valuation dates so neither spouse mistakes a sterling figure for a dollar amount. If a future Florida home will be funded from existing UK savings, discuss the intended ownership and treatment of contributions in the draft.

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 Counsel, Video Review and Understanding

Each spouse should have independent counsel for the Florida agreement. A lawyer drafting for one person is not the other person's independent adviser. Ask each lawyer to explain proposed waivers and alternatives before treating a draft as settled. Have the relevant UK lawyer consider the UK issues separately.

Review by video can allow a person still in the UK to discuss the Florida draft with their own lawyer. Send the full draft and schedules beforehand and keep a list of unresolved questions. Sharing a language does not necessarily mean sharing an understanding of legal terms. Arrange translation or interpretation where needed so consent is informed; Pazos Law Group provides service in English or Spanish.

Signing in the UK: Check the Actual Documents

Ask counsel to identify the signing steps for each document, the signers' residence at execution and any required witnesses or notarial act. Section 61.079(3) itself does not require notarization, but it is not the only rule to consider. A video advice meeting does not establish eligibility for remote execution. Any notarial service abroad needs separate confirmation with an appropriate provider; this page does not offer firm-provided notarization.

For specified surviving-spouse waivers, § 732.702(1) calls for a writing signed by the waiving party in the presence of two subscribing witnesses. The witness requirement applies to agreements signed by Florida residents after the law's effective date. The subsection separately recognizes a nonresident's agreement valid under the law of the place of execution, regardless of Florida residence at death. Travel to the UK does not itself resolve residency. A notarial stamp does not substitute for required witnesses.

Source: Fla. Stat. § 732.702(1).

Questions to Resolve Before Signing

• Which UK jurisdiction needs to advise, and has that lawyer reviewed the same draft?
• Do the schedules explain the assets, liabilities and currency values each spouse is considering?
• Has each person had private advice and any translation needed to understand the consequences?
• Does the signing plan address Florida death-rights waivers as well as the property agreement?

Frequently Asked Questions

Is Radmacher a UK prenup statute?

No. The quoted paragraph is case law for England and Wales. Scotland's section 16(1)(b) uses its own statutory wording, and Northern Ireland requires separate local advice. Do not describe these as a single UK rule that makes a Florida prenup binding.

Should we wait until we move to Florida?

Discuss a Florida premarital agreement before the legal marriage. Section 61.079 defines it as an agreement between prospective spouses, effective on marriage. If you are already married, tell counsel that fact before requesting documents; the name attached to a draft does not change the date of marriage.

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

Primary Sources

• Radmacher v Granatino [2010] UKSC 42, paragraph 75
• Family Law (Scotland) Act 1985, section 16(1)(b)
• 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.