Miami Prenup Lawyer & Prenuptial Agreement Attorney

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

Nadia PazosAV Preeminent® (Martindale-Hubbell® rating information) · Licensed in Florida & New York · Bilingual

Quick Answer

Are prenuptial agreements enforceable in Miami, Florida?

Yes. A prenuptial agreement signed in Miami is enforceable under Fla. Stat. § 61.079, Florida’s Uniform Premarital Agreement Act. Section 61.079(3) asks only that the agreement be “in writing and signed by both parties,” and § 61.079(5) provides that it “becomes effective upon marriage of the parties.” A Miami-Dade County judge will enforce it unless the spouse resisting it carries the burden set by § 61.079(7)(a). What varies from couple to couple in Miami is the subject matter — here, most often dual citizenship, foreign property, and a business spanning two countries. Section 61.079(2)(b) defines property broadly enough to reach all of it.

Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews prenuptial and postnuptial agreements for Miami couples, in English or Spanish: (305) 482-1262.

Looking for a prenup lawyer in Miami? Pazos Law Group drafts and independently reviews prenuptial agreements for Miami-Dade couples from its Coral Gables office, in English or Spanish.

Miami is a global city, and its marriages often cross borders — couples with dual citizenship, family wealth abroad, and businesses spanning Latin America, Europe, and the United States. A prenuptial agreement built for those realities protects both spouses and reduces conflict later.

Request a Consultation ☎ Call (305) 482-1262

Recognized By

AV Preeminent · Martindale-HubbellSuper Lawyers® 2024Avvo Clients’ Choice 2017★ 4.6 · 50+ Google reviewsFL & NY Bar · 20+ Years

Prenuptial Agreements for a Cross-Border City

Few places in the country produce marriages as internationally connected as Miami. One spouse may hold property in Bogotá or São Paulo, the other equity in a Miami startup; a couple may plan to live between two countries and hold accounts in two currencies. Florida’s prenuptial agreement statute lets couples decide in advance how those assets are classified and divided, rather than leaving it to a court years later.

Pazos Law Group drafts and reviews prenuptial agreements for Miami couples in English and Spanish, with particular attention to foreign-held property, offshore accounts, and marriages that touch more than one legal system.

Want to talk it through? Book a consult or call 305-482-1262.

Why Miami Couples Use Prenuptial Agreements

Miami couples turn to prenups for reasons tied to the city’s international character. Foreign-source assets and inheritances can be hard to trace once commingled, so spouses want them clearly identified as separate from the start. Business founders want their company excluded from any future division, and immigrant families often want to preserve wealth that originated abroad for children from a prior relationship.

Because Florida is an equitable-distribution state, absent an agreement a court decides what is marital and what is not — a process you can preview with our marital asset division calculator. A well-drafted prenup replaces that uncertainty with terms the couple chose together.

Planning for a Stay-at-Home Spouse

If one partner expects to leave employment to care for children, discuss how that choice affects financial independence and a later return to work. Negotiable terms might address education funding, job training, or support during workforce reentry, with clear conditions and duration. Fla. Stat. § 61.079(4)(a)4. permits spousal-support arrangements, subject to legal limits. These are planning examples to discuss with counsel, not automatic benefits; a prenup cannot adversely affect a child’s right to support.

Discussing 401(k)s, IRAs, and Pensions

Identify each 401(k), IRA, and pension, including existing balances or accrued benefits, later contributions, and investment growth. Discuss what remains separate and how any shared portion would be measured under the property arrangements permitted by Fla. Stat. § 61.079(4)(a). Divorce allocation and survivor benefits require separate analysis: for certain qualified plans, a prenup cannot supply the spousal consent required by federal law (26 C.F.R. § 1.401(a)-20, Q&A-28). Ask counsel and the plan administrator which rules and later documents apply; retirement accounts do not all follow identical rules.

Read the Detailed Florida Prenup Requirements

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 Miami-Dade. 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:

Involuntary signing — § 61.079(7)(a)1. turns on whether the party “did not execute the agreement voluntarily.”
Improper conduct — § 61.079(7)(a)2. covers an agreement that “was the product of fraud, duress, coercion, or overreaching.”
An unconscionable bargain struck in the dark — § 61.079(7)(a)3. applies only where the agreement “was unconscionable when it was executed” and the challenger was not given a fair and reasonable disclosure, did not waive disclosure in writing, and did not otherwise have adequate knowledge of the other party’s property or financial obligations.

A complete asset schedule can address the disclosure component of § 61.079(7)(a)3., but it does not resolve separate claims involving voluntariness, fraud, duress, coercion, or overreaching. Section 61.079(7)(c) assigns the unconscionability issue to the court “as a matter of law,” which is why the analysis looks to the circumstances at execution rather than to how the marriage turned out.

Section 61.079(7)(b) sets an outer limit on support waivers: if the waiver would push a spouse onto public assistance, the court may order support “notwithstanding the terms of the agreement.” 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.

Timing decides which body of law applies. Because § 61.079(2)(a) covers only agreements “made in contemplation of marriage,” a document signed after the ceremony is judged under Casto v. Casto, 508 So. 2d 330 (Fla. 1987), rather than under the statute. 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. Section 61.079(3) sets the entire formality requirement, and a notary is not part of it. Notarizing is common practice in Miami but legally optional. What is not optional is the form of any later change: § 61.079(6) requires a signed writing to amend, revoke, or abandon the agreement.

Want to talk it through? Book a consult or call 305-482-1262.

What a Miami Prenup Can and Cannot Cover

A Miami prenup can classify property as separate or marital wherever and whenever it was acquired, set what happens on divorce, separation, or death, and establish, limit, or waive spousal support. It can carve out a business interest or professional practice, protect an inheritance expected from relatives abroad, allocate life-insurance death benefits, and even choose which state’s or country’s law governs interpretation.

It cannot bargain away a child’s rights. Child support and time-sharing are decided by the court under the best-interests standard of Fla. Stat. § 61.13 and cannot be predetermined by the couple’s contract.

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

Under § 61.079(4)(a) the parties may contract with respect to eight things, the last of which is deliberately open-ended:

Property rights of either or both parties, “whenever and wherever acquired or located” (§ 61.079(4)(a)1.).
Management and control — buying, selling, leasing, encumbering, or disposing of property (§ 61.079(4)(a)2.).
Disposition of property “upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event” (§ 61.079(4)(a)3.).
Spousal support, including its complete elimination (§ 61.079(4)(a)4.).
Wills, trusts, and other arrangements carrying out the agreement (§ 61.079(4)(a)5.).
Life insurance death benefits (§ 61.079(4)(a)6.).
Choice of governing law (§ 61.079(4)(a)7.).
Any other lawful matter, including personal rights and obligations (§ 61.079(4)(a)8.).

A Miami couple can select Florida law to govern the agreement, list property held in another country, and state that a foreign inheritance stays separate no matter where it is later deposited. Those categories are broad because the defined term is broad. Section 61.079(2)(b) treats property as any interest “present or future, legal or equitable, vested or contingent,” tangible or intangible, “including income and earnings, both active and passive.”

Without an agreement, the default rules apply. Fla. Stat. § 61.075 requires the court to classify property before dividing it; § 61.075(6)(b) treats assets acquired before the marriage and property acquired separately by gift or inheritance as nonmarital, while § 61.075(6)(a)1.b. pulls the enhancement in value of a nonmarital asset into the marital estate when it results from marital labor or marital funds. Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), addresses how passive appreciation on a nonmarital property is treated when marital funds pay down the mortgage.

A support clause is often the most valuable term. Section 61.079(4)(a)4. authorizes establishing, modifying, waiving, or eliminating spousal support, displacing the durational limits and calculations of § 61.08 as amended in 2023. 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))

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.” The right belongs to the child, not to the parents, so it cannot be bargained away. Child support in a Miami-Dade County case is calculated from the guidelines schedule in Fla. Stat. § 61.30 using both parents’ net incomes and the number of overnights.

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 Miami, 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. Because each spouse should be separately represented, each side retains its own counsel. Scope is set during the consultation, once the assets are known.

The work is 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. International agreements take more work because assets abroad must be described precisely enough that neither spouse can later claim inadequate knowledge of them.

Pazos Law Group determines the scope after learning what the agreement must address and confirms the fee before work begins. Starting early gives both parties more time for disclosure, independent review, and negotiation. Florida law sets no fixed waiting period, but the timing and circumstances of signing may be relevant to whether execution was voluntary under § 61.079(7)(a)1.

Florida Prenup Rules at a Glance

The operative provisions, in one place:

Governing statute: Fla. Stat. § 61.079, which § 61.079(1) names the Uniform Premarital Agreement Act.
Form: a writing signed by both parties, enforceable without consideration beyond the marriage (§ 61.079(3)).
Notary or witnesses: not required anywhere in § 61.079(3).
Effective date: the agreement takes effect on the marriage itself (§ 61.079(5)).
Grounds to void: only the three listed in § 61.079(7)(a), proved by the party resisting enforcement.
Cannot be waived: a child’s right to support (§ 61.079(4)(b)); support is set under § 61.30 and time-sharing under § 61.13(2)(c).
Default without an agreement: equitable distribution under § 61.075 and alimony under § 61.08.
Changing it later: only by a written agreement signed by both parties (§ 61.079(6)).
Where it is filed: nowhere. A dissolution, by contrast, is filed with the Miami-Dade County Clerk in the Eleventh Judicial Circuit.

Drafting an Agreement vs. Reviewing One

Drafting sets the terms; review tests them. A drafted Miami agreement is built around the disclosure requirement in § 61.079(7)(a)3.a. and the permitted subjects in § 61.079(4)(a). A reviewed agreement is read the other way — looking for the gaps a court would examine under § 61.079(7)(a) if it were ever challenged.

From Consultation to Signing

A prenup engagement can follow these steps:

Consultation: discuss goals, family circumstances, and assets.
Financial disclosure: exchange account statements, debt balances, and ownership records.
First draft: put the proposed terms in writing.
Independent review: each partner can seek advice from separate counsel.
Negotiation: discuss concerns and record agreed revisions.
Execution: review the final version and applicable signing formalities with counsel.

Separate counsel is advisable, not a signing requirement in Fla. Stat. § 61.079(3). That section requires both parties’ signatures; estate-rights waivers may require additional formalities under § 732.702.

Working Through Prenup Negotiations

Identify priorities: separate property, shared purchases, caregiving, and support.
Exchange supporting records and ask about unclear balances or valuations.
Consider separate counsel to review the draft and explain proposed tradeoffs.
Document agreed revisions and check that the final agreement and financial schedules match.

This is a practical discussion checklist, not a statutory formula. Voluntariness, improper pressure, and the combined unconscionability and disclosure conditions remain relevant under Fla. Stat. § 61.079(7)(a); completing a checklist does not establish enforceability.

How Pazos Law Group Helps Miami Couples

From our Coral Gables office we serve couples throughout Miami and greater Miami-Dade, in English and Spanish, with the discretion that high-profile and international clients expect. Nadia Pazos is licensed in Florida and New York and holds the AV Preeminent rating from Martindale-Hubbell.

Already married? See our Miami postnuptial agreement attorney page. Already divorcing with an agreement in place? See enforcing a prenup or postnup in a Florida divorce.

Verify Nadia Pazos’s credentials on third-party sites: The Florida Bar member profile (No. 89160, admitted 2011) · New York attorney registration search (NY Unified Court System) · Super Lawyers profile (selected to Super Lawyers, 2024; Rising Stars, 2018–2019) · Martindale-Hubbell profile (AV Preeminent peer rating) · Avvo · Justia.

Frequently Asked Questions

I’m remarrying and have children from my first marriage. How does a Miami prenup protect their inheritance?

Without a waiver, a surviving spouse has rights at death that can reduce what your children receive: an elective share equal to 30 percent of the elective estate under § 732.2065, and, if your Miami home is your homestead, at least a life estate in it under § 732.401(1), with your descendants taking only the remainder. A prenup can waive those rights, but § 732.702(1) requires the waiving spouse to sign in the presence of two subscribing witnesses. The prenup should then match your will, trust and beneficiary designations, and your future spouse needs a separate lawyer. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews prenups for second marriages, in English or Spanish: (305) 482-1262. See our guide to prenups for a second marriage.

What other surviving-spouse rights should a Miami prenup address?

Beyond elective share and homestead, counsel should review the intestate share when property passes without a will (§ 732.102), the pretermitted-spouse share when marriage follows a will (§ 732.301), exempt property (§ 732.402), and family allowance during estate administration (§ 732.403). Eligibility and exceptions differ. § 732.702 permits waiver of these spousal rights; a Florida resident’s waiver requires two subscribing witnesses. Coordinate any intended waiver with estate documents.

Can a Miami prenup protect assets I own in another country?

Yes. A Florida prenuptial agreement can classify foreign-held real estate, accounts, and business interests as separate property and describe how they are treated if the marriage ends. Because tracing offshore assets is harder once they are commingled, disclosing and identifying them clearly in the agreement is especially important for international couples.

We have dual citizenship and may live abroad. Can we choose which law applies?

Fla. Stat. § 61.079 allows the parties to include a choice-of-law provision governing how the agreement is interpreted. That said, a Florida court applies its own rules on what a prenup may control, so cross-border agreements should be drafted with both systems in mind.

Does my Miami prenup need to be notarized?

No. Florida does not require notarization or witnesses for a prenuptial agreement to be valid — it must be in writing and signed by both parties. Notarizing is an optional precaution some couples use to help confirm authenticity.

My fiancé owns a business in Miami. Should we still sign a prenup?

A prenup is one of the clearest ways to keep a closely held business out of a future division and to define how any increase in its value is treated. Without one, a Florida court decides those questions under equitable-distribution law.

Are prenuptial agreements enforceable in Miami, Florida?

Yes. Fla. Stat. § 61.079 governs, and a Miami-Dade County court enforces the agreement unless the challenging spouse proves one of the three grounds in § 61.079(7)(a): that the party did not execute the agreement voluntarily; that it was the product of fraud, duress, coercion, or overreaching; or that it was unconscionable when executed and disclosure was neither fairly provided, waived in writing, nor otherwise adequately known.

How much does a prenup cost in Miami, Florida?

A prenup carries no court cost — it is a private contract and is never filed unless it is later litigated. The drafting is simpler where the finances are straightforward and more involved where business interests, trusts, foreign property, or equity compensation are in play. Separate counsel for each spouse is standard practice, and scope is set during the consultation.

Can a Miami prenup waive child support or set a parenting schedule?

No. The right belongs to the child, not to the parents. Section 61.079(4)(b) forbids a premarital agreement from adversely affecting it, the amount comes from the § 61.30 guidelines, and the parenting schedule is decided under § 61.13(2)(c), which since 1 July 2023 presumes equal time-sharing is in the child’s best interests.

Does a Florida prenup have to be notarized or witnessed?

No. Fla. Stat. § 61.079(3) requires only that the agreement be in writing and signed by both parties, and it is enforceable without consideration other than the marriage itself. Notarization is optional and does not change enforceability. Under § 61.079(6), amending or revoking the agreement after marriage requires another written agreement signed by both parties.

Our wedding is next month. Is it too late for a Miami prenup?

Not automatically. Florida sets no minimum time before the wedding, and under Fla. Stat. § 61.079(5) the agreement takes effect on marriage. But a spouse can later try to set it aside by proving it was not signed voluntarily or was the product of fraud, duress, coercion or overreaching (§ 61.079(7)(a)1.–2.), and a draft that arrives days before the ceremony invites that argument. On a short timeline, start financial disclosure now, give each partner their own lawyer, and leave real time to read and negotiate before signing. If it cannot be done properly before the wedding, a postnuptial agreement afterwards is an alternative. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews prenups for couples with an approaching wedding date, in English or Spanish: (305) 482-1262. More on timing: how long before the wedding to sign a Florida prenup.

I own a business and real estate in Miami. Can a prenup protect them and their growth in value?

Yes. Without an agreement, Fla. Stat. § 61.075(6)(a)1.b. makes the growth in value of a business you owned before marriage marital to the extent it results from either spouse’s efforts during the marriage or from marital funds put into it. For real estate you owned before marriage, § 61.075(6)(a)1.c. makes the mortgage principal paid down with marital funds, and a portion of the passive appreciation, marital. A prenup can keep the business, the property and their future growth separate (§ 61.079(4)(a)1.; § 61.075(6)(b)4.). It holds up best with a current valuation and full disclosure of both. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews prenups for business and property owners, in English or Spanish: (305) 482-1262. More: can a prenup protect my business in Florida.

I’m a startup founder in Miami. How do I protect my company equity in a prenup?

Shares you own before the wedding start out nonmarital under Fla. Stat. § 61.075(6)(b)1., but § 61.075(6)(a)1.b. treats growth in value as marital to the extent it results from either spouse’s efforts or marital funds, which is how most founder equity grows. A prenup can keep existing shares, later grants and vesting, appreciation, and proceeds from a sale or other liquidity event separate (§ 61.079(4)(a)1.; § 61.075(6)(b)4.), and can set what the other spouse receives instead. It works best with a current cap table and valuation attached as disclosure. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts prenups for founders and equity holders, in English or Spanish: (305) 482-1262. More: Florida prenups for startup founders and equity.

International, Out-of-State, or Reviewing a Draft?

Use the path that matches your situation: international drafting or review, independent review, foreign national or K-1, foreign agreement in Florida, marrying abroad, or signing from another state.

See what Pazos Law Group’s 2026 inquiry data shows about international and review matters →

Request a Confidential Prenup Consultation in Miami

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

Prenuptial Agreements for International Miami Couples

Miami’s cross-border marriages deserve agreements that anticipate two countries, two currencies, and family wealth that predates the relationship. A prenup tailored under Fla. Stat. § 61.079 lets couples marry with clarity rather than leaving asset questions to a future court. Pazos Law Group prepares and reviews these agreements in both languages from Coral Gables, minutes from downtown Miami and Brickell.

Postnuptial Agreements in Miami

A large share of Miami 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 financial issues are generally unchanged: international couples, foreign assets, and business owners.

The dividing line is timing, not content. Because § 61.079(2)(a) reaches only agreements “made in contemplation of marriage,” Fla. Stat. § 61.079 has nothing to say about a document signed after the ceremony. A postnuptial agreement in Miami is tested instead under Casto v. Casto, 508 So. 2d 330 (Fla. 1987) — fraud, duress, coercion, or overreaching will void it, as will unfairness coupled with incomplete disclosure.

A Miami 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.

Florida postnuptial agreements, in detail →

Prenuptial Agreements in Nearby Communities

Fla. Stat. § 61.079 governs premarital agreements statewide, not just in one city. Nearby communities:

What Our Clients Say

★★★★★
“I needed a prenup drafted and wasn’t sure who to trust. A friend referred me to Pazos Law Group. The experience was smooth and painless. Very responsive and helpful.”
— Jordan, Google Review, September 2026

★★★★★
“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