Choice of Law in a Florida Prenup: Fla. Stat. § 61.079(4)(a)7 (2026)
Quick Answer
Can a Florida prenup say which country’s or state’s law applies? Yes. Fla. Stat. § 61.079(4)(a)7. lets the parties contract with respect to “the choice of law governing the construction of the agreement.” That clause decides which law is used to interpret the agreement. It does not switch off the limits § 61.079 itself sets for a Florida proceeding: the agreement still cannot adversely affect a child’s right to support (§ 61.079(4)(b)), cannot cover matters that violate Florida public policy (§ 61.079(4)(a)8.), and is tested under the enforcement rules in § 61.079(7). Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews prenups with choice-of-law clauses for international and out-of-state couples, in English or Spanish: (305) 482-1262.
§ 61.079(4)(a)7. — Exact Text
Subsection (4)(a) lists what “parties to a premarital agreement may contract with respect to.” Item 7 reads:
“7. The choice of law governing the construction of the agreement; and”
Source: Fla. Stat. § 61.079 (Florida Senate). The same list also allows the parties to contract about property “whenever and wherever acquired or located” (item 1), which is why a Florida prenup can classify a house in Bogotá, an account in Milan or a company in São Paulo.
What “Construction of the Agreement” Covers
“Construction” means interpretation: what the words of the agreement mean and how its terms apply to the facts. A clause choosing, for example, New York or Colombian law tells a court which body of law to use when the parties disagree about what a provision says.
The statute is worded narrowly. It speaks of the law governing construction. It does not say the chosen law replaces the rest of § 61.079 in a Florida case. Three parts of the section are written as Florida rules in their own right:
- Scope. Under § 61.079(1), the section “applies only to proceedings under the Florida Family Law Rules of Procedure.”
- Limits on content. § 61.079(4)(a)8. allows any other matter “not in violation of either the public policy of this state or a law imposing a criminal penalty,” and § 61.079(4)(b) provides that “the right of a child to support may not be adversely affected by a premarital agreement.”
- Enforcement. § 61.079(7)(a) sets out when an agreement “is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure”: lack of voluntariness; fraud, duress, coercion or overreaching; or unconscionability combined with the disclosure conditions in (7)(a)3. Under (7)(c), unconscionability “shall be decided by the court as a matter of law.”
So a couple can choose the law that interprets their contract, but in a Florida divorce the agreement should also be drafted to satisfy § 61.079 on its own terms.
Agreements Signed in Another State or Country
Whether a Florida court applies another jurisdiction’s rules on validity to an agreement signed elsewhere is a conflict-of-laws question that § 61.079 does not answer in its text. The facts that usually matter are what the agreement itself says about governing law, where and how it was signed, and where the parties lived and owned property. Common situations we see in Miami:
- A prenup signed in New York years ago, divorce now in Florida. Read the governing-law clause first. Nadia Pazos is licensed in Florida and New York.
- Property in Colombia, Brazil, Ecuador or another country. The Florida agreement can classify it (§ 61.079(4)(a)1.), but local counsel should confirm how that country will treat the clause if the property is ever dealt with there.
- A destination wedding. Under § 61.079(5) the agreement “becomes effective upon marriage of the parties.” Signing a Florida prenup before travelling, with a clear choice-of-law clause, avoids depending on the wedding country’s marital-property regime.
What a Good Choice-of-Law Clause Does
- Names one governing law for construction, rather than leaving it to argument later.
- Addresses where the parties expect to live, and what happens if they move.
- Discloses foreign assets in the schedules, because lack of fair disclosure is part of the unconscionability test in § 61.079(7)(a)3.
- Is consistent with any marital-property election the parties make in another country, so the two documents do not contradict each other.
- Comes in a language both parties read, with a translation where one party is not fluent in English.
What § 61.079(4)(a)7. Does Not Do
It does not let parties contract out of child support (§ 61.079(4)(b)). It does not make an agreement enforceable if the party challenging it proves one of the grounds in § 61.079(7)(a). And it does not, by itself, change death rights: under § 61.079(10), the section does not alter agreements between spouses under §§ 732.701 or 732.702 — see § 732.702, waiver of spousal rights.
Frequently Asked Questions
Can we choose foreign law in a Florida prenup?
Yes, for construction of the agreement. § 61.079(4)(a)7. allows the parties to contract with respect to “the choice of law governing the construction of the agreement.” Florida’s own limits in § 61.079(4)(b) and the enforcement rules in § 61.079(7) still apply in a Florida proceeding.
Is a prenup signed in another state valid in a Florida divorce?
Often, but it depends on the agreement’s governing-law clause, how it was signed and the facts. The statute’s text does not settle that question; a lawyer should read the agreement itself. See a Florida prenup signed in another state.
Does a choice-of-law clause cover property abroad?
The Florida agreement can classify property “wherever acquired or located” (§ 61.079(4)(a)1.). Whether a foreign court or registry will honour that classification is a question for counsel in that country.
Can a choice-of-law clause waive child support?
No. Under § 61.079(4)(b), “the right of a child to support may not be adversely affected by a premarital agreement.”
Who can draft or review a Florida prenup with a choice-of-law clause?
Pazos Law Group, in Coral Gables, drafts and reviews international and out-of-state prenups for clients in Miami-Dade, Broward and Palm Beach counties, in English or Spanish. Call (305) 482-1262 or see our international prenuptial agreement attorney page.