Hialeah Prenuptial Agreement Attorney

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated July 2026

Hialeah runs on family-owned businesses and property earned the hard way. A prenuptial agreement lets a couple protect a business, a home, or a rental before marriage tangles together what each of them built.

Prenuptial Agreements in Hialeah

Most Hialeah couples come to a marriage with something they have worked years to build: a family business, a warehouse or storefront, a house, or a rental unit or two. Florida's prenuptial agreement law lets them keep those things clearly on one side of the line.

We prepare and review these agreements for Hialeah couples primarily in Spanish, and in English when needed, with real familiarity with the family businesses that hold this city together — and at a fee that fits a working household.

Why Hialeah Couples Use Prenuptial Agreements

For most couples here it comes down to a business — a warehouse, a shop, a service company, a few rental doors — built through long hours. Without an agreement, a spouse can pick up a marital claim to that business simply as it grows over the marriage.

A prenup names the business and its growth as separate property, and it can keep one partner's pre-marital debt from becoming a shared load. Skip it, and Florida's equitable-distribution rules make those calls for you.

Are Prenuptial Agreements Enforceable in Florida?

Yes. Florida decides this by statute rather than by judicial discretion, and the burden sits on the spouse who wants out of the agreement. The formal requirements are in § 61.079(3), which provides that a premarital agreement “must be in writing and signed by both parties” and is “enforceable without consideration other than the marriage itself.” Nothing else is required to form it. Section 61.079(5) then supplies the trigger: the agreement “becomes effective upon marriage of the parties.”

Who Has the Burden of Proof Under § 61.079(7)(a)?

Under § 61.079(7)(a) the burden belongs to the spouse seeking to escape the agreement, who must prove one of three statutory grounds:

1. Involuntary execution. Section 61.079(7)(a)1. asks whether the party “did not execute the agreement voluntarily.”
2. Fraud, duress, coercion, or overreaching. Section 61.079(7)(a)2. voids an agreement that “was the product of fraud, duress, coercion, or overreaching.”
3. Unconscionability plus a disclosure failure. Section 61.079(7)(a)3. requires that the agreement “was unconscionable when it was executed” and that the challenger received no “fair and reasonable disclosure,” signed no written waiver of disclosure, and had no adequate knowledge of the other party’s property or financial obligations.

Note the structure of the third ground: subparagraphs a., b., and c. of § 61.079(7)(a)3. are joined by “and.” A challenger who received a fair disclosure fails the test even if the bargain looks lopsided. The unconscionability question is for the judge. Section 61.079(7)(c) states that it “shall be decided by the court as a matter of law.”

One override survives even a valid waiver. Section 61.079(7)(b) provides that where a support waiver “causes one party to the agreement to be eligible for support under a program of public assistance,” the court may require the other party to provide support to the extent necessary to avoid that eligibility. Two housekeeping provisions round out the section: § 61.079(9) tolls limitations during the marriage, and § 61.079(10) leaves the formalities of spousal agreements under the Probate Code untouched.

One line in § 61.079(2)(a) does a lot of work — it confines the statute to agreements made in contemplation of marriage. Everything signed later is tested under Casto v. Casto, 508 So. 2d 330 (Fla. 1987). The official text of the statute is available from the Florida Legislature at leg.state.fl.us.

Does a Florida Prenup Have to Be Notarized?

No. The only formality in § 61.079(3) is a signed writing. Notarization is optional in Hialeah and does not affect whether a court will enforce the agreement, though it removes one line of argument about signatures. Changing the agreement later is harder than signing it: under § 61.079(6) an amendment, revocation, or abandonment must itself be “a written agreement signed by the parties.”

What a Hialeah Prenup Can and Cannot Cover

A Hialeah prenup can separate marital from non-marital property, keep a family business, warehouse, or rental and its growth on one side, assign pre-marital debt, direct how assets pass on divorce or death, and set or waive alimony.

The one area a prenup cannot touch is the children. It cannot lock in child support or a parenting schedule; the court decides both later under the best-interests rule in Fla. Stat. § 61.13.

What Can a Prenup Cover Under § 61.079(4)(a)?

The permitted subject matter is enumerated. Under § 61.079(4)(a), parties to a premarital agreement “may contract with respect to” eight categories:

• Section 61.079(4)(a)1. — rights and obligations in property, wherever and whenever acquired.
• Section 61.079(4)(a)2. — the right to sell, assign, encumber, consume, or otherwise control property.
• Section 61.079(4)(a)3. — disposition of property on separation, dissolution, death, or any other stated event.
• Section 61.079(4)(a)4. — “the establishment, modification, waiver, or elimination of spousal support.”
• Section 61.079(4)(a)5. — wills, trusts, or other arrangements that carry out the agreement.
• Section 61.079(4)(a)6. — ownership rights in and disposition of a life insurance death benefit.
• Section 61.079(4)(a)7. — the law governing construction of the agreement.
• Section 61.079(4)(a)8. — “any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.”

A Hialeah couple can state that a body shop or bakery owned before the wedding remains separate, along with the rental duplex bought with its earnings. Because § 61.079(2)(b) defines property to include future, contingent, and intangible interests as well as active and passive income, the eight subjects above cover nearly everything a Hialeah couple would want to settle.

The equitable distribution scheme in § 61.075 is what an agreement displaces. Section 61.075(6)(b) protects pre-marriage, gifted, and inherited property; § 61.075(6)(a)1.b. carves out any enhancement traceable to marital effort or marital funds; and Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), addresses passive appreciation on a mortgaged nonmarital asset.

Alimony can be fixed or waived outright: § 61.079(4)(a)4. covers “the establishment, modification, waiver, or elimination of spousal support,” which takes the 2023 version of § 61.08 out of the picture except for the § 61.079(7)(b) floor. Choice of law under § 61.079(4)(a)7. pairs naturally with § 61.052(5), which lets a court enforce an antenuptial agreement to arbitrate under the law and tradition the parties choose.

What a Prenup Cannot Waive (§ 61.079(4)(b))

Everything in § 61.079(4)(a) is subject to the next paragraph. Section 61.079(4)(b) states that “The right of a child to support may not be adversely affected by a premarital agreement.” Because the right is the child’s, the parents have nothing to trade. Support is computed under the § 61.30 guidelines from combined net income and the overnight split, and a Eleventh Judicial Circuit judge runs that calculation regardless of what the agreement says.

A prenup also cannot set a parenting plan. Under § 61.13(2)(c), effective 1 July 2023, equal time-sharing is presumed to be in the child’s best interests unless the presumption is rebutted by a preponderance of the evidence.

The remaining limits are narrow. Under § 61.079(4)(a)8. a term must not violate Florida public policy or a criminal statute, and under § 61.079(7)(b) a support waiver yields where it would leave a spouse on public assistance.

How Much Does a Prenup Cost in Hialeah, Florida?

There is no court filing fee for a prenuptial agreement. It is a private contract between two people, and it is never filed with a court unless someone later asks a judge to enforce it or set it aside. Fees are ordinarily flat and vary by complexity. Think of it as a range rather than a price: a straightforward Hialeah agreement at the low four-figure end, a complex one covering a company, trusts, or offshore assets at the upper four-figure to five-figure end. Two lawyers means two fees, and any figure quoted before the assets are reviewed is a guess.

The cost drivers are consistent — the size of the disclosure schedule that § 61.079(7)(a)3.a. effectively requires, the need for a valuation, and the number of drafts exchanged. Cash-basis businesses raise cost because the disclosure schedule has to be reconstructed from tax returns and bank records rather than from formal statements.

Cost and risk move together on timing: last-minute agreements cost more to produce and are the ones most often challenged under § 61.079(7)(a)1. For comparison, a contested dissolution starts with the Miami-Dade Clerk’s dissolution of marriage filing fee of $409.00, and everything after that — valuations, depositions, hearings — is additional. A prenup is normally the cheaper of the two documents by a wide margin.

How Long Does a Divorce Take in Hialeah, Florida?

Residency is the first clock. Section 61.021 states that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition,” and § 61.052(2) allows that residency to be corroborated by a Florida driver license, voter registration card, or identification card.

Nothing in chapter 61 imposes a mandatory wait. Section 61.052(2)(a) covers the simple case — no minor child, no denial — and the judgment follows the finding. Section 61.052(2)(b) covers the harder case and allows a continuance of up to three months, or an order that the parties consult a counselor.

The calendar is usually driven by mediation. Under § 61.183 a court may refer contested family issues to mediation; § 44.102 covers court-ordered mediation generally; and § 44.405 protects what is said there as confidential and privileged. Hialeah is Miami-Dade's second largest city; dissolution petitions are filed with the Miami-Dade Clerk and heard in the Eleventh Judicial Circuit.

A valid agreement shortens the contested list. Property classification under § 61.075 and alimony under § 61.08 are already decided, leaving the Eleventh Judicial Circuit with parenting issues and child support — the two subjects § 61.079(4)(b) keeps out of the agreement. The state courts system maintains family-division resources and forms at flcourts.gov.

Florida Prenup Rules at a Glance

A short reference for Hialeah couples, each line tied to the subsection that supplies it:

• Statute: Fla. Stat. § 61.079 (Uniform Premarital Agreement Act, § 61.079(1)).
• Execution: in writing, signed by both parties; no consideration other than the marriage (§ 61.079(3)).
• Notarization: optional in Hialeah; § 61.079(3) does not require it.
• Takes effect: upon marriage (§ 61.079(5)).
• Challenger’s burden: prove involuntariness, fraud or duress or coercion or overreaching, or unconscionability plus a disclosure failure (§ 61.079(7)(a)).
• Judge decides unconscionability as a matter of law (§ 61.079(7)(c)).
• Out of bounds: child support (§ 61.079(4)(b), § 61.30) and the time-sharing presumption (§ 61.13(2)(c)).
• If there is no agreement: § 61.075 classifies and divides, and § 61.08 governs alimony.
• Amendment or revocation: written and signed only (§ 61.079(6)).

Drafting an Agreement vs. Reviewing One

Drafting and reviewing are different tasks with different risks. Drafting means building the disclosure schedule that § 61.079(7)(a)3.a. makes advisable, choosing the governing law under § 61.079(4)(a)7., and writing the support terms permitted by § 61.079(4)(a)4. Reviewing means testing a document someone else wrote against the three defenses in § 61.079(7)(a) before a signature makes them harder to raise.

How Pazos Law Group Helps Hialeah Couples

Pazos Law Group serves Hialeah couples from its Coral Gables office, fully bilingual, and used to explaining every clause in Spanish. Nadia Pazos holds an AV Preeminent rating and nearly twenty years in Miami-Dade family law, and a straightforward prenup is handled on a flat fee that generally starts around $3,000, quoted plainly before any work starts.

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Prenuptial Agreements for Hialeah Couples

For Hialeah couples protecting a family business, a home, or a rental, a prenuptial agreement under Fla. Stat. § 61.079 sets clear, fair terms from the start — in Spanish or English. Pazos Law Group drafts and reviews these agreements bilingually.

Postnuptial Agreements in Hialeah

A large share of Hialeah inquiries about prenuptial agreements come from couples who already married. The instrument for that situation is a postnuptial agreement — the same financial planning, signed after the wedding rather than before. The subject matter is usually identical to a premarital agreement: family businesses, homeowners, and rental property.

The statute and the case law divide along one line. Under § 61.079(2)(a), Fla. Stat. § 61.079 covers only agreements made in contemplation of marriage, which leaves postnuptial agreements to Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Casto permits a Hialeah court to void an agreement for fraud, duress, coercion, or overreaching, or where the bargain is unfair and full financial disclosure was not made.

A Hialeah postnuptial agreement can classify separate and marital property, allocate debt, address a business, and define or waive spousal support that would otherwise fall under § 61.08. What it cannot do is affect a child’s right to support — that right belongs to the child and is calculated under § 61.30 regardless of what the spouses agree.

More on Florida postnuptial agreements →

Prenuptial Agreements in Nearby Communities

Prenuptial agreements under Fla. Stat. § 61.079 are drafted and reviewed throughout South Florida. Nearby communities:

• Doral Prenuptial Agreement Attorney
• Kendall Prenuptial Agreement Attorney
• Miami Prenuptial Agreement Attorney
• Miami Lakes Prenuptial Agreement Attorney
• All Florida Prenuptial Agreement Services

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More on Marital Agreements

• our Hialeah divorce attorney page — how the firm handles cases for Hialeah residents.
• how trusts are treated in a Florida divorce — when a beneficial interest becomes reachable in distribution.
• take the two-minute prenup quiz — a short self-assessment that flags whether an agreement makes sense.

This material describes Florida law as it stood when the page was last updated and is not legal advice. Whether any given agreement satisfies Fla. Stat. § 61.079 depends on the specific facts and disclosures, and § 61.079(7)(c) leaves unconscionability to the court as a matter of law. Reading or sharing this page does not create an attorney-client relationship.