Miami Prenuptial Agreement Attorney
Quick Answer
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.
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.
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.
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.
The Five Requirements for an Enforceable Florida Prenup
Under the Uniform Premarital Agreement Act as codified in Fla. Stat. § 61.079, a Miami prenup must clear five hurdles to be enforced:
- It is in writing. Oral promises between an engaged couple do not count; the agreement must be a signed written document.
- Both parties sign it. The statute makes the agreement effective upon marriage, and no payment or consideration beyond the marriage itself is required.
- Each party signs voluntarily. Signatures obtained through duress, coercion, or last-minute pressure the night before the wedding can be set aside.
- There was fair disclosure. Each spouse must fairly disclose assets and debts — important when accounts sit in other countries — or validly waive that disclosure in writing.
- It is not unconscionable. The terms cannot be grossly one-sided when the couple signs.
Florida does not require notarization or witnesses for a prenup to be valid; many couples still notarize as a practical precaution, but it is optional.
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.
Drafting an Agreement vs. Reviewing One
Whether you are the spouse proposing the agreement or the one asked to sign, both sides benefit from independent counsel. Drafting from scratch lets us shape terms around your Miami business and foreign holdings; reviewing an agreement someone hands you ensures the disclosures are adequate and the terms are not stacked against you. Our prenuptial agreement checklist walks through the documents and financial information to gather before either process begins.
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.
Frequently Asked Questions
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.
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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
Many Miami couples who come to us about a prenup are already married. The instrument for that situation is a postnuptial agreement — the same financial planning, signed after the wedding rather than before. The concerns are usually identical to the ones that bring Miami clients here in the first place: international couples, foreign assets, and business owners.
One distinction matters more than any other, and most online forms get it wrong: Fla. Stat. § 61.079 does not govern postnuptial agreements. That statute applies only to agreements made in contemplation of marriage. A postnuptial agreement is enforced under Florida common law and the standards the Florida Supreme Court set in Casto v. Casto, 508 So. 2d 330 (Fla. 1987) — which means a court can set it aside for fraud, duress, coercion or overreaching, or because the agreement is unfair or unreasonable and full financial disclosure was not made.
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.
Read our full guide to Florida postnuptial agreements →
Prenuptial Agreements in Nearby Communities
Pazos Law Group drafts and reviews prenuptial agreements across South Florida. Nearby areas we serve:
- Brickell Prenuptial Agreement Attorney
- Coconut Grove Prenuptial Agreement Attorney
- Coral Gables Prenuptial Agreement Attorney
- Doral Prenuptial Agreement Attorney
- Hialeah Prenuptial Agreement Attorney
- Kendall Prenuptial Agreement Attorney
- All Florida Prenuptial Agreement Services
What Our Clients Say
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Reviews reflect the experiences of individual clients. Past results do not guarantee a similar outcome.
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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.