Miramar Prenuptial Agreement Attorney

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

Miramar is a fast-growing, diverse city with corporate professionals, a strong Caribbean and Latin American community, and many dual-income homeowners. A prenuptial agreement helps these couples plan clearly, including for assets held abroad.

Prenuptial Agreements for Miramar 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 agreements are governed by Fla. Stat. § 61.079, which defines when a premarital contract is valid and enforceable.

For Miramar couples, prenups often address a shared home, two professional incomes, retirement savings and property or family ties in another country. Clear terms help a growing household stay organized.

Why Miramar Couples Use Prenuptial Agreements

Many Miramar couples build careers here while keeping property or family connections in the Caribbean or Latin America. A prenuptial agreement lets partners decide in advance which assets, at home and abroad, remain separate and how joint wealth will be shared.

Knowing how Florida treats marital versus separate property makes planning easier. Our marital asset division calculator offers a general illustration, while your own agreement should be tailored with counsel.

Read the Detailed Florida Prenup Requirements

Are Prenuptial Agreements Enforceable in Florida?

Yes. For A Miramar agreement governed by § 61.079, subsection (7)(a) places the burden on the party resisting enforcement to prove a listed ground. Two subsections do the formation work. Section 61.079(3) requires that the agreement be “in writing and signed by both parties” and dispenses with consideration beyond the marriage. Section 61.079(5) provides that the agreement “becomes effective upon marriage of the parties,” which means an engagement that ends before the wedding leaves nothing to enforce.

Who Has the Burden of Proof Under § 61.079(7)(a)?

The spouse resisting the agreement carries it. Section 61.079(7)(a) provides that a premarital agreement “is not enforceable” if “the party against whom enforcement is sought proves” one of three things:

1. Under § 61.079(7)(a)1., that the challenger “did not execute the agreement voluntarily” — the ground most often argued when a document is signed on the eve of the wedding.
2. Under § 61.079(7)(a)2., that the agreement “was the product of fraud, duress, coercion, or overreaching.”
3. Under § 61.079(7)(a)3., that the agreement “was unconscionable when it was executed,” combined with all three disclosure failures listed at subparagraphs a., b., and c.: no “fair and reasonable disclosure of the property or financial obligations of the other party,” no written waiver of that disclosure, and no adequate knowledge of it.

The third ground is conjunctive. Unconscionability alone is not enough — all three lettered conditions in § 61.079(7)(a)3. have to be established as well, which is why a careful disclosure schedule is the single most protective drafting step. Section 61.079(7)(c) keeps unconscionability away from the fact-finder: “An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.”

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.” Time limits are suspended while the marriage lasts: § 61.079(9) tolls any applicable statute of limitations, though laches and estoppel remain available.

Note the boundary drawn by § 61.079(2)(a): the Act reaches only agreements made in contemplation of marriage. After the wedding, the controlling authority is Casto v. Casto, 508 So. 2d 330 (Fla. 1987). The full text of Fla. Stat. § 61.079 is published by the Florida Legislature at leg.state.fl.us.

Does a Florida Prenup Have to Be Notarized?

No — neither notarization nor witnesses are required by § 61.079(3). Some Miramar couples still notarize, and some sign in front of witnesses, purely to make the execution harder to attack. Under § 61.079(6), however, any later amendment or revocation must be in writing and signed by both parties.

What a Miramar Prenup Can and Cannot Cover

A Florida prenuptial agreement can address property, debt and spousal support, but it cannot decide child support or custody in advance. Under Fla. Stat. § 61.13, those matters are always resolved based on the best interests of the child.

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 menu is statutory. Section 61.079(4)(a) allows contracting over eight enumerated subjects:

• 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 Miramar couple can state that a pension accrued before the wedding stays separate and that only the portion earned during the marriage is subject to division. 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 Miramar balance sheet falls outside it.

The equitable distribution scheme in § 61.075 is what an agreement displaces. Section 61.075(6)(b) protects pre-marriage, gifted, and inherited property; § 61.075(6)(a)1.b. carves out any enhancement traceable to marital effort or marital funds; and Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), addresses passive appreciation on a mortgaged nonmarital asset.

Because § 61.079(4)(a)4. reaches the “waiver, or elimination of spousal support,” a Miramar agreement can remove alimony from a future case entirely, leaving § 61.08 with no work to do apart from the § 61.079(7)(b) exception. For couples who want disputes resolved privately, § 61.052(5) authorizes enforcement of an antenuptial arbitration agreement under the law and tradition the parties select.

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

Section 61.079(4)(b) is one sentence long and it is absolute: “The right of a child to support may not be adversely affected by a premarital agreement.” Because the right is the child’s, the parents have nothing to trade. Support is computed under the § 61.30 guidelines from combined net income and the overnight split, and a Seventeenth Judicial Circuit judge runs that calculation regardless of what the agreement says.

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.

There is one further limit on the adult terms. Section 61.079(7)(b) allows a court to order support notwithstanding a waiver where the waiver would leave a spouse eligible for public assistance, and § 61.079(4)(a)8. bars any term that violates “the public policy of this state or a law imposing a criminal penalty.”

How Much Does a Prenup Cost in Miramar, Florida?

There is no court filing fee for a prenuptial agreement. It is a private contract between two people, and it is never filed with a court unless someone later asks a judge to enforce it or set it aside. Where the finances are simple the agreement is short; where a business, an inheritance, deferred compensation, or foreign holdings are involved the drafting is substantially more involved. Separate counsel for each spouse is the norm in Broward County. Scope is set during the consultation, once the assets are known.

The disclosure schedule that § 61.079(7)(a)3.a. makes advisable, plus any valuation, plus the number of revisions, account for nearly all of the spread. Pension and deferred plan clauses add drafting time, because the plan's own rules control how any division would be carried out.

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

Everything above, compressed into the statutory pinpoints that decide a Broward County case:

• What controls: Fla. Stat. § 61.079, adopted as the Uniform Premarital Agreement Act.
• What is required: a signed writing, and nothing else (§ 61.079(3)).
• When it starts: at the marriage (§ 61.079(5)); an agreement never followed by a wedding is inoperative.
• Who must prove what: the party resisting enforcement, under § 61.079(7)(a).
• Support floor: a waiver yields where it would leave a spouse on public assistance (§ 61.079(7)(b)).
• Children: support cannot be adversely affected (§ 61.079(4)(b)); the guidelines are in § 61.30 and time-sharing in § 61.13(2)(c).
• The alternative: litigating classification under § 61.075 and alimony under § 61.08 in the Seventeenth Judicial Circuit.
• Later changes: a signed writing is required (§ 61.079(6)).
• Postnuptial agreements: outside § 61.079 and governed by Casto v. Casto, 508 So. 2d 330 (Fla. 1987).

Drafting an Agreement vs. Reviewing One

The two roles look similar and are not. Drafting means deciding what § 61.079(4)(a) subjects the agreement will cover and assembling a disclosure schedule strong enough to answer § 61.079(7)(a)3.a. Review means reading a finished document against the same standards, plus the timing question that drives § 61.079(7)(a)1.

How Pazos Law Group Helps Miramar Couples

Nadia Pazos holds an AV Preeminent rating and offers roughly twenty years of Broward and South Florida family law experience. From our Coral Gables office we draft and review prenuptial and postnuptial agreements in English and Spanish for Miramar couples.

Frequently Asked Questions

Cross-Border Assets and the Choice-of-Law Clause

More than four in ten Miramar residents were born outside the United States — 42.4 percent, one of the highest shares of any large city in Broward County (U.S. Census Bureau QuickFacts, ACS 2020–2024). A great many Miramar households therefore hold something abroad: a house, a share of family land, a bank account, a pension from an earlier working life in another country.

Florida law anticipates this. Under Fla. Stat. § 61.079(4)(a)7., parties to a premarital agreement may contract as to the choice of law governing the construction of their agreement, and for a couple whose assets sit in two countries that clause deserves real thought rather than a boilerplate line.

It is important to be precise about what the clause achieves. It governs how the agreement is read. It does not by itself decide whether a court in another country will give effect to a Florida document affecting land within that country’s borders — that is a question for the law of the place where the property sits, and in much of the Caribbean immovable property is governed by local succession and matrimonial rules regardless of what a foreign contract says. A Miramar agreement is therefore built on two tracks at once: it resolves the question for a Florida court, and it records the couple’s intentions clearly enough that counsel in the other jurisdiction has something to work with if a parallel step is needed there.

Inherited and Family-Held Land Abroad

A pattern common in Miramar households rarely appears in a standard premarital schedule: an undivided interest in family land held jointly by siblings, cousins or an estate that was never formally administered. In much of the Caribbean this is ordinary, and the interest may have passed informally across a generation or two.

The Florida classification is usually clear enough. Under § 61.075(6)(b)2., assets acquired separately by non-interspousal gift, bequest, devise or descent are nonmarital, along with assets acquired in exchange for them. The difficulty is practical rather than doctrinal. An interest of this kind is hard to value, cannot be sold without the agreement of relatives who are not party to the marriage, and may not be documented in a form a Florida court would recognise without help.

A prenuptial agreement handles this best by describing the interest honestly rather than precisely — identifying the parcel and the family relationship, confirming it is separate, and stating what happens if it is later sold, partitioned or converted into cash brought into the marriage. That last point is where these interests usually become contested, because proceeds that arrive during a marriage and land in a joint account do not stay quiet.

Multinational Employment in the Park of Commerce

The Miramar Park of Commerce, developed by Sunbeam Properties, covers roughly 600 acres and more than five million square feet of office, laboratory, light manufacturing and distribution space; its developer reported in April 2026 that more than 160 companies and over 15,000 employees were based there. Quest Diagnostics operates a clinical laboratory in the park on Commerce Parkway, and Nissan North America renewed a long-term lease there in May 2025.

A workforce of that size and composition produces an employment profile with genuine premarital consequences. A spouse may hold a pension accrued in another country, receive part of his or her compensation abroad or in another currency, or work under an assignment package with housing, schooling and repatriation terms attached. Foreign retirement entitlements are the item most often overlooked, because they do not appear on a domestic account statement and the spouse may think of them as belonging to a previous life.

They still have to be disclosed. The schedule contemplated by § 61.079(7)(a)3.a. asks for a fair and reasonable disclosure of property and financial obligations, and a foreign pension or an overseas account is property. Listing it — even approximately, even with a note that a value could not be readily obtained — is far better than an omission that gives a future challenger something to point at. Miramar residents would have any such challenge heard in the Seventeenth Judicial Circuit.

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Plan Your Miramar Marriage With Clarity

For couples with careers here and connections abroad, a prenuptial agreement is a practical way to bring clarity to complex circumstances. We help Miramar couples reach agreements that are fair, transparent and sound under Florida law.

Postnuptial Agreements in Miramar

Not everyone asking about a prenup in Miramar is still engaged. The instrument for that situation is a postnuptial agreement — the same financial planning, signed after the wedding rather than before.

The statute and the case law divide along one line. Under § 61.079(2)(a), Fla. Stat. § 61.079 covers only agreements made in contemplation of marriage, which leaves postnuptial agreements to Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Casto permits a Miramar court to void an agreement for fraud, duress, coercion, or overreaching, or where the bargain is unfair and full financial disclosure was not made.

A Miramar 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: the full guide →

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
• Hollywood Prenuptial Agreement Attorney
• Las Olas Prenuptial Agreement Attorney
• Pembroke Pines Prenuptial Agreement Attorney
• Plantation Prenuptial Agreement Attorney
• All Florida Prenuptial Agreement Services

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More on Marital Agreements

• signs a prenup is worth discussing — common circumstances that make an agreement sensible.
• grounds for challenging a prenuptial agreement — coercion, concealment and unconscionability in Florida courts.
• prenuptial vs. postnuptial agreements — which one fits a couple that is already married.

General legal information only. Nothing on this Miramar page is legal advice, and no attorney-client relationship arises from reading it. Enforceability under Fla. Stat. § 61.079 turns on facts a court evaluates case by case, including the disclosures made before signing. Florida law changes over time, so verify the current statutory text at leg.state.fl.us before relying on anything here.