Miami Postnuptial Agreement Attorney
A postnuptial agreement is a contract two married people sign to decide what would happen to their property, debts, and spousal support if the marriage ends. Pazos Law Group drafts and reviews postnups for Miami-Dade couples from its Coral Gables office or by video, in English or Spanish.
Quick Answer
Is a postnup valid in Miami?
Yes, if it is done properly. In Florida a postnuptial agreement is not governed by the premarital agreement statute (Fla. Stat. § 61.079) but by case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Under Casto, a postnup can be set aside for fraud, deceit, duress, coercion, misrepresentation, or overreaching, or if it is unfair or unreasonable and there was no full disclosure of assets. That is why written financial disclosure is the core of a durable postnup. No agreement can adversely affect a child’s right to support.
Why Miami Couples Sign Postnups
- Property in another country — an apartment in Bogotá, family land in Venezuela, a business in Brazil, an account in Panama.
- No time for a prenup before a quick or destination wedding.
- A business that grew during the marriage, or a new partner who needs clarity on ownership.
- An inheritance or family gift that should stay separate.
- Staying married instead of divorcing (below).
What Florida Law Requires
- In writing, signed by both. If the postnup changes an existing prenup, § 61.079(6) requires a written agreement signed by both spouses.
- Full written disclosure of each spouse’s assets, debts, and income. Under Casto, an unfair agreement raises a presumption of concealment, and the spouse defending it must show full and fair disclosure or the other spouse’s general knowledge of the marital property.
- Separate lawyers. Not required, but it lowers the risk of a later duress or overreaching challenge.
- Off limits: child support follows the § 61.30 guidelines, and parenting and time-sharing are decided under § 61.13 on the child’s best interests.
The full legal explanation is on our Florida postnuptial agreement page.
A Postnup Instead of a Divorce
Florida has no legal separation status, so a postnup is often the closest substitute for a couple who want to stay married with the money issues settled in writing. If one spouse has stopped contributing to the household, § 61.09 lets the other ask a court for support without filing for divorce. Health insurance is often the deciding factor: divorce ends a spouse’s eligibility as a dependent on most employer plans, and federal COBRA continuation, where it applies, generally allows up to 36 months at the full premium plus up to 2%. Confirm the plan’s rules with its administrator before deciding.
How We Work With Miami Couples
- Office: 7225 Vistalmar Street, Coral Gables, FL 33143, in Miami-Dade County, or by video anywhere in Florida.
- Language: English or Spanish.
- One party: the firm represents one spouse; the other should have their own lawyer.
- Courts: a Miami-Dade divorce is heard in Florida’s Eleventh Judicial Circuit. Already divorcing with an agreement in place? See enforcing a prenup or postnup in a Florida divorce.
Frequently Asked Questions
What is the difference between a prenup and a postnup in Florida?
A prenup is signed before the wedding and governed by Fla. Stat. § 61.079. A postnup is signed after the wedding and governed by case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987), where financial disclosure carries even more weight.
Can we sign a postnup instead of getting divorced?
Yes. Florida has no legal separation, and a postnup can settle the money issues while you stay married. If a spouse has stopped contributing to the household, § 61.09 allows a support request without a divorce filing.
Can a postnup cover property in another country?
It can set how that property is treated in a Florida divorce if it is clearly identified and disclosed. Whether the other country will also recognize the agreement is a question for a lawyer there.
Official Sources & Related Reading
- Fla. Stat. § 61.079 — official text (Online Sunshine)
- Eleventh Judicial Circuit of Florida (Miami-Dade)
- Florida Postnuptial Agreement Attorney
- Enforcing a Prenup or Postnup in a Florida Divorce
- International prenups and cross-border couples
The information on this page is for general informational purposes only and does not constitute legal advice. 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.