Hollywood Prenuptial Agreement Attorney

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

Hollywood is a Broward beach city with a lively mix of restaurant and hospitality owners, professionals, longtime residents and newcomers. A prenuptial agreement helps these couples protect businesses and property as they start married life.

Prenuptial Agreements for Hollywood Couples

A prenuptial agreement is a contract entered before marriage that sets out how a couple will handle property, income and debts if the marriage ends. In Florida these contracts are governed by Fla. Stat. § 61.079, which establishes the requirements for enforceability.

In Hollywood, prenups often involve restaurants and hospitality ventures, commercial leases, equipment and goodwill, and property owned before the wedding. Clear terms help business owners keep their operations steady no matter what happens.

Why Hollywood Couples Use Prenuptial Agreements

Running a restaurant or hospitality business often means partners, leases and equipment that predate the marriage. A prenuptial agreement lets a Hollywood couple decide in advance which business interests stay separate and how shared earnings will be treated.

Understanding how Florida distinguishes marital from separate property helps business owners plan. Our marital asset division calculator gives a general sense of the framework, while your agreement should be drafted with counsel.

Are Prenuptial Agreements Enforceable in Florida?

Yes. Since the Legislature adopted the Uniform Premarital Agreement Act in 2007, one statute has answered the question for every county in the state, including Broward. 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)?

The party attacking the agreement bears it. Section 61.079(7)(a) makes an agreement unenforceable where “the party against whom enforcement is sought proves” any one of three grounds:

1. That the party “did not execute the agreement voluntarily” (§ 61.079(7)(a)1.);
2. That the agreement “was the product of fraud, duress, coercion, or overreaching” (§ 61.079(7)(a)2.); or
3. That the agreement “was unconscionable when it was executed” and, before signing, that party was not provided “a fair and reasonable disclosure of the property or financial obligations of the other party,” did not “voluntarily and expressly waive, in writing,” the right to that disclosure, and did not have and could not reasonably have had adequate knowledge of the other party’s property or financial obligations (§ 61.079(7)(a)3.a.–c.).

Read closely, § 61.079(7)(a)3. is a four-part test. An agreement survives it if any one of the disclosure conditions is not met by the challenger. Whether an agreement is unconscionable is a legal question under § 61.079(7)(c), not a factual one, and the court decides it “as a matter of law.”

Even a fully valid waiver of alimony has a floor. Section 61.079(7)(b) lets the court order support where the waiver would otherwise make a spouse eligible for a public assistance program. Section 61.079(9) tolls any statute of limitations on a claim under the agreement “during the marriage of the parties,” while preserving equitable defenses such as laches and estoppel.

A Hollywood couple already married is outside § 61.079 entirely. Section 61.079(2)(a) limits the Act to agreements made in contemplation of marriage; postnuptial agreements are governed by Casto v. Casto, 508 So. 2d 330 (Fla. 1987), which permits a court to set an agreement aside for fraud, duress, or overreaching. 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. Florida imposes no notary or witness requirement; § 61.079(3) asks for a writing signed by both parties. A Hollywood couple may notarize as a practical safeguard. Note also § 61.079(6): once the couple is married, the agreement can be amended, revoked, or abandoned “only by a written agreement signed by the parties,” and that amendment too is enforceable without consideration.

What a Hollywood Prenup Can and Cannot Cover

A Florida prenuptial agreement can define property division, debt and spousal support, but it cannot set child support or custody in advance. Under Fla. Stat. § 61.13, those issues are decided by the best interests of the child when they come before the court.

What it cannot do is fix a child’s support or a parenting schedule in advance. Those issues remain with the court under the best-interests standard 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 Hollywood couple can provide that a bar, restaurant, or short-term rental owned before the wedding stays separate, including the liquor license and any leasehold improvements. The definition in § 61.079(2)(b) covers contingent and future interests as well as present ones, and it names “income and earnings, both active and passive” explicitly. Very little of a Hollywood balance sheet falls outside it.

The alternative to contracting is litigating under § 61.075. That section makes the court classify each asset first: § 61.075(6)(b) keeps pre-marriage assets and gifts or inheritances on the nonmarital side, but § 61.075(6)(a)1.b. moves any enhancement produced by marital effort or marital money into the marital estate. Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), governs passive appreciation where marital funds serviced the debt.

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. One more provision is easy to miss: § 61.052(5) provides that a court “may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.”

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

The statute carves out one subject entirely. Per § 61.079(4)(b): “The right of a child to support may not be adversely affected by a premarital agreement.” Support is formulaic rather than negotiable. Section 61.30 supplies the guidelines schedule, and the inputs — each parent’s net income and the number of overnights — are found by the court, not fixed by contract.

Time-sharing is equally off limits. Since 1 July 2023, § 61.13(2)(c) directs a court to begin from a rebuttable presumption that equal time-sharing is in the best interests of the child, and no premarital agreement can substitute for that determination.

Two outer boundaries apply to the rest of the document: the public-assistance override in § 61.079(7)(b), and the limit in § 61.079(4)(a)8. against terms contrary to public policy or to a criminal statute.

How Much Does a Prenup Cost in Hollywood, Florida?

No public filing is involved, so there is no clerk’s fee. The document stays between the couple and their lawyers unless enforcement becomes an issue. Expect a flat fee that varies by complexity. Where the finances are simple the figure sits in the lower four figures; where a business, an inheritance, deferred compensation, or foreign holdings are involved it climbs into the upper four figures or into five. Separate counsel for each spouse is the norm in Broward County, so the couple should plan on two fees. A precise number is not possible until the assets are known.

Three things move the number: the length of the disclosure schedule needed to satisfy § 61.079(7)(a)3.a., whether any asset requires a valuation, and how many rounds of negotiation the parties take. Licenses, leases, and franchise agreements each have to be read and described, which adds hours to a hospitality-asset agreement.

Timing also affects cost indirectly. An agreement negotiated months ahead of the wedding is cheaper to produce and much harder to attack under § 61.079(7)(a)1., which turns on whether the party “did not execute the agreement voluntarily.” For comparison, a contested dissolution begins with the filing fee set by the Broward County Clerk and grows with each contested valuation, deposition, and hearing. The agreement is almost always the less expensive path.

How Long Does a Divorce Take in Hollywood, Florida?

Before anything else, residency and grounds. Section 61.021 requires that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition,” and § 61.052(1)(a) requires only that the marriage be “irretrievably broken.”

Florida sets no waiting period after filing. Where there is no minor child and the other spouse does not deny that the marriage is irretrievably broken, § 61.052(2)(a) directs the court to enter judgment once it so finds, and an uncontested Hollywood case can close in weeks. Where a minor child is involved or the responding spouse denies the ground, § 61.052(2)(b) lets the court continue the proceedings “for a reasonable length of time not to exceed 3 months” to allow reconciliation.

Most elapsed time is spent in mediation and discovery. Section 61.183 allows the court to refer contested issues to mediation, § 44.102 governs court-ordered mediation, and § 44.405 makes mediation communications confidential and privileged. Hollywood lies between Fort Lauderdale and Miami-Dade; its dissolution filings go to the Broward County Clerk.

This is where a prenup pays for itself. With § 61.075 classification and § 61.08 support settled in advance, the only issues left for a Broward County judge are the ones § 61.079(4)(b) reserves to the court. For court-published guidance and approved family law forms, see flcourts.gov.

Florida Prenup Rules at a Glance

A short reference for Hollywood 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 Hollywood; § 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 Hollywood Couples

Nadia Pazos carries an AV Preeminent rating and roughly twenty years of Broward and South Florida family law experience.

Frequently Asked Questions

Request a Confidential Prenup Consultation in Hollywood

Tell us about your situation and Nadia Pazos will follow up personally. Bilingual · Hablamos Español · 305-482-1262.

★★★★★ 4.6 on Google · 50+ reviews · AV Preeminent® (Martindale-Hubbell) · 20+ years · Hablamos Español

Matter type…Prenuptial AgreementPostnuptial AgreementPrenup ReviewHigh-Net-Worth DivorceOther Family Law Matter

★★★★★ 4.6Google (50+ reviews)·AV Preeminent®·Bilingual · Hablamos Español·Replies within 1 business day

Request My Consultation

Submitting this form does not create an attorney-client relationship. Please don’t include confidential details.

Protect Your Hollywood Business and Home

For couples with a restaurant, hospitality venture or other business, a prenuptial agreement is a practical way to keep the enterprise stable. We help Hollywood couples put clear, fair terms in writing so they can focus on building their future together.

Postnuptial Agreements in Hollywood

A large share of Hollywood 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.

One distinction is worth stating plainly, because most online forms get it wrong: Fla. Stat. § 61.079 does not govern postnuptial agreements. Section 61.079(2)(a) defines the covered instrument as one “made in contemplation of marriage,” so an agreement signed after the wedding falls outside it. A Hollywood postnuptial agreement is enforced under Florida common law and Casto v. Casto, 508 So. 2d 330 (Fla. 1987), which permits a court to set an agreement aside for fraud, duress, coercion, or overreaching, or where the agreement is unfair and full financial disclosure was not made.

A Hollywood 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

The same § 61.079 analysis applies across South Florida. Nearby communities:

• Davie Prenuptial Agreement Attorney
• Fort Lauderdale Prenuptial Agreement Attorney
• Las Olas Prenuptial Agreement Attorney
• Miramar Prenuptial Agreement Attorney
• Pembroke Pines Prenuptial Agreement Attorney
• Plantation Prenuptial Agreement Attorney
• All Florida Prenuptial Agreement Services

What Our Clients Say

★★★★★

“After consultations at other law firms, I knew immediately I wanted to go with Nadia. Not only was I made to feel so comfortable during the worst time of my life, but I was always kept informed. She truly cares about achieving the best.”

— Tracy Putter, Google Review

★★★★★

“Nadia and her team were a pleasure to work with, especially during tough times. They managed to navigate some sticky situations with creativity and delivered the best results I could have hoped for. I highly recommend Pazos Law Group.”

— Brian Coolidge, Google Review

★★★★★

“My divorce was really complex and as soon as I met Nadia and I explained my case, I knew that I had to go with her, not only because she is very professional but also because she has an excellent team.”

— Anayda Frisneda, Google Review

Read more Google reviews →

Reviews reflect the experiences of individual clients. Past results do not guarantee a similar outcome.

This page explains Fla. Stat. § 61.079 in general terms and is not legal advice for any particular situation. Enforceability depends on facts a court weighs under § 61.079(7)(a), including whether a fair and reasonable disclosure was provided or validly waived. Reading this page creates no attorney-client relationship, and Florida law changes, so confirm the current statute before acting.