Kendall Prenuptial Agreement Attorney
Kendall is one of Miami-Dade's largest suburban communities, home to dual-career households, homeowners, and small-business owners. A prenuptial agreement lets a couple define what stays separate before careers and property blend together.
Prenuptial Agreements in Kendall
Kendall couples often marry with a home, retirement savings, professional careers, or a small business already in motion. Florida's prenuptial agreement law lets them keep those assets clearly separate and set expectations before the wedding.
We prepare and review these agreements for Kendall couples in English and Spanish, so each partner understands the same terms in the language they prefer.
Why Kendall Couples Use Prenuptial Agreements
For Kendall couples the practical concerns are a first or second home, retirement and investment accounts built through years of work, and sometimes a family business. Without an agreement, income and appreciation earned during the marriage can turn separate savings into a marital claim.
A prenup sets those lines at the outset and spares the couple from sorting them out under Florida's equitable-distribution rules later. You can preview the general framework with our marital asset division calculator.
The Five Requirements for an Enforceable Florida Prenup
For a Kendall prenup to hold up, it must satisfy the five conditions of the Uniform Premarital Agreement Act in Fla. Stat. § 61.079:
- Written form. The agreement exists as a signed written contract, not a verbal understanding.
- Signed by both spouses. It takes effect when the couple marries and needs no consideration beyond the marriage.
- Voluntary signing. Neither party may be pressured, coerced, or rushed into signing.
- Fair financial disclosure. Each side fairly discloses property and obligations, or signs a valid written waiver of that disclosure.
- Not unconscionable at signing. The bargain must not be so lopsided as to be unconscionable when executed.
Notarization and witnesses are not legal requirements in Florida; couples may add them as a best practice, but their absence does not invalidate the agreement.
What a Kendall Prenup Can and Cannot Cover
A Kendall prenup can define separate versus marital property, protect a home and retirement accounts, address a small business, allocate debt each spouse brings in, direct how assets pass on divorce or death, and set or waive alimony.
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.
Drafting an Agreement vs. Reviewing One
There is a real difference between drafting an agreement and reviewing one. If you are initiating the prenup, careful drafting matters because a business interest or professional practice can otherwise generate marital claims through its growth during the marriage. If you have been asked to sign, an independent review confirms the disclosures are complete and the terms are fair. Our prenup checklist lists what to assemble first.
How Pazos Law Group Helps Kendall Couples
Pazos Law Group serves Kendall couples from its Coral Gables office, bilingual and approachable. Nadia Pazos holds the AV Preeminent rating and nearly two decades of Miami-Dade family law experience.
Frequently Asked Questions
Can a prenup address debt one of us is bringing into the marriage?
Yes. A Florida prenup can assign responsibility for pre-marital debt, such as student loans or a business loan, so one spouse's obligations do not become a shared marital liability.
Do both of us need our own attorneys?
It is not strictly required, but independent counsel for each spouse strengthens an agreement. It supports the voluntariness and disclosure requirements and makes the prenup harder to challenge later.
Can a prenup set or waive alimony?
Yes. A Florida prenuptial agreement can set, limit, or waive spousal support, provided the agreement meets the requirements of Fla. Stat. § 61.079 and is not unconscionable when it is signed.
Can a prenup decide child support or custody?
No. A prenup cannot fix child support or a parenting schedule in advance. Those issues stay with the court under the best-interests standard in Fla. Stat. § 61.13.
Request a Confidential Prenup Consultation in Kendall
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Prenuptial Agreements for Kendall Couples
For Kendall couples building careers, homes, and savings, a prenuptial agreement under Fla. Stat. § 61.079 sets clear expectations and keeps separate property separate. Pazos Law Group drafts and reviews these agreements in English and Spanish.
Speak With a Kendall Prenuptial Agreement Attorney
Confidential, bilingual consultations for Kendall couples considering a prenuptial or postnuptial agreement.
Schedule a Confidential ConsultationThis page is general legal information about Florida prenuptial agreements under Fla. Stat. § 61.079 and is not legal advice. Whether any particular agreement is enforceable depends on the specific facts, the parties’ disclosures, and the circumstances of signing. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your situation.