Pembroke Pines Prenuptial Agreement Attorney

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

Quick Answer

Are prenuptial agreements enforceable in Pembroke Pines, Florida?

Yes — enforceability is decided by statute. Fla. Stat. § 61.079(3) makes a Pembroke Pines premarital agreement valid once it is “in writing and signed by both parties,” and § 61.079(3) adds that it “is enforceable without consideration other than the marriage itself.” The agreement takes effect on the wedding under § 61.079(5), and only the three grounds listed in § 61.079(7)(a) can defeat it. What varies from couple to couple in Pembroke Pines is the subject matter — here, most often two paychecks, a family home, and a small business. Section 61.079(2)(b) defines property broadly enough to reach all of it.

Pembroke Pines is one of Broward's largest family-oriented suburbs, home to dual-income households, homeowners and small-business owners. A prenuptial agreement gives these couples a clear, shared understanding as they build a life together.

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Prenuptial Agreements for Pembroke Pines Couples

A prenuptial agreement is a contract made before marriage that describes how a couple will handle property, income and debts if the marriage ends. Florida law governs these agreements through Fla. Stat. § 61.079, which sets out what makes a premarital contract enforceable.

In Pembroke Pines, prenups commonly address the family home, retirement and college savings, student or business debt, and income earned by two working spouses. Clear terms help a busy household avoid confusion down the road.

Why Pembroke Pines Couples Use Prenuptial Agreements

When both partners work and share a mortgage, questions of what is joint and what is separate can become complicated. A prenuptial agreement lets a Pembroke Pines couple agree in advance on how income, savings and debts will be handled.

Knowing how Florida treats marital versus separate property makes those conversations easier. Our marital asset division calculator provides a general overview, and your own terms should be tailored with an attorney.

Are Prenuptial Agreements Enforceable in Florida?

Yes, and the governing text is short. Fla. Stat. § 61.079 runs to ten subsections and can be read start to finish in about ten minutes. Section 61.079(3) sets the bar: a writing, signed by both parties, enforceable “without consideration other than the marriage itself.” Section 61.079(5) adds that the agreement “becomes effective upon marriage of the parties.” Section 61.079(1) limits the statute to proceedings under the Florida Family Law Rules of Procedure.

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

It falls on the challenger, not on the spouse relying on the document. Under § 61.079(7)(a) an agreement is unenforceable only where “the party against whom enforcement is sought proves” one of the following:

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.
Under § 61.079(7)(a)2., that the agreement “was the product of fraud, duress, coercion, or overreaching.”
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.

Because § 61.079(7)(a)3. requires unconscionability and a disclosure failure and no written waiver and no adequate knowledge, a complete asset schedule attached to the agreement usually ends the argument. Under § 61.079(7)(c), unconscionability “shall be decided by the court as a matter of law,” so a Seventeenth Judicial Circuit judge rules on it directly.

There is a public-assistance floor. Under § 61.079(7)(b), a court may order support notwithstanding the agreement if the waiver would leave a spouse “eligible for support under a program of public assistance” at separation or dissolution. Time limits are suspended while the marriage lasts: § 61.079(9) tolls any applicable statute of limitations, though laches and estoppel remain available.

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. Section 61.079 can be read in full on the Florida Legislature’s site at leg.state.fl.us.

Does a Florida Prenup Have to Be Notarized?

No. Florida imposes no notary or witness requirement; § 61.079(3) asks for a writing signed by both parties. A Pembroke Pines couple may notarize as a practical safeguard. Note also § 61.079(6): once the couple is married, the agreement can be amended, revoked, or abandoned “only by a written agreement signed by the parties,” and that amendment too is enforceable without consideration.

What a Pembroke Pines Prenup Can and Cannot Cover

A Florida prenuptial agreement can define property rights, debt responsibility and spousal support, but it cannot decide child support or custody ahead of time. 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)?

Florida does not leave the scope to guesswork. Section 61.079(4)(a) sets out eight subjects a Pembroke Pines couple may address:

the rights and obligations of each party in property “whenever and wherever acquired or located” (§ 61.079(4)(a)1.);
the right to buy, sell, lease, encumber, dispose of, or otherwise manage and control property (§ 61.079(4)(a)2.);
the disposition of property on separation, dissolution, or death (§ 61.079(4)(a)3.);
“the establishment, modification, waiver, or elimination of spousal support” (§ 61.079(4)(a)4.);
the making of a will, trust, or other arrangement to carry out the agreement (§ 61.079(4)(a)5.);
ownership and disposition of life insurance death benefits (§ 61.079(4)(a)6.);
the choice of law governing construction of the agreement (§ 61.079(4)(a)7.); and
“any other matter” not violating public policy or a criminal statute (§ 61.079(4)(a)8.).

A Pembroke Pines couple can state that each spouse's income remains that spouse's separate property, an arrangement the statute allows because property expressly includes income and earnings. Section 61.079(2)(b) is the sleeper provision: property includes interests that are “present or future, legal or equitable, vested or contingent” and expressly includes “income and earnings, both active and passive.” A Pembroke Pines agreement can therefore reach things the couple does not yet own.

The alternative to contracting is litigating under § 61.075. That section makes the court classify each asset first: § 61.075(6)(b) keeps pre-marriage assets and gifts or inheritances on the nonmarital side, but § 61.075(6)(a)1.b. moves any enhancement produced by marital effort or marital money into the marital estate. Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), governs passive appreciation where marital funds serviced the debt.

Alimony can be fixed or waived outright: § 61.079(4)(a)4. covers “the establishment, modification, waiver, or elimination of spousal support,” which takes the 2023 version of § 61.08 out of the picture except for the § 61.079(7)(b) floor. 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.” Support is formulaic rather than negotiable. Section 61.30 supplies the guidelines schedule, and the inputs — each parent’s net income and the number of overnights — are found by the court, not fixed by contract.

Parenting decisions stay with the court. Section 61.13(2)(c), as amended effective 1 July 2023, presumes equal time-sharing is in the child’s best interests; a contract signed years earlier does not displace it.

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 Pembroke Pines, Florida?

A prenuptial agreement carries no filing fee, no recording fee, and no court cost. Those appear only if the agreement is contested in a dissolution case years later. Expect a flat fee that varies by complexity. Where the finances are simple the figure sits in the lower four figures; where a business, an inheritance, deferred compensation, or foreign holdings are involved it climbs into the upper four figures or into five. Separate counsel for each spouse is the norm in Broward County, so the couple should plan on two fees. A precise number is not possible until the assets are known.

Three things move the number: the length of the disclosure schedule needed to satisfy § 61.079(7)(a)3.a., whether any asset requires a valuation, and how many rounds of negotiation the parties take. Agreements that separate ongoing income need careful drafting around household expenses, which is where the added time goes.

A Pembroke Pines couple that begins several months out pays less and forecloses the § 61.079(7)(a)1. argument that the agreement was not executed voluntarily. For comparison, a contested dissolution begins with the filing fee set by the Broward County Clerk and grows with each contested valuation, deposition, and hearing. The agreement is almost always the less expensive path.

How Long Does a Divorce Take in Pembroke Pines, Florida?

The gating items are short. Under § 61.021, “one of the parties to the marriage must reside 6 months in the state before the filing of the petition”; under § 61.052(1)(a) the pleaded ground is that the marriage is “irretrievably broken.”

Nothing in chapter 61 imposes a mandatory wait. Section 61.052(2)(a) covers the simple case — no minor child, no denial — and the judgment follows the finding. Section 61.052(2)(b) covers the harder case and allows a continuance of up to three months, or an order that the parties consult a counselor.

Between filing and judgment, mediation is the main scheduling event. The referral authority is § 61.183, the court-ordered mediation framework is § 44.102, and the confidentiality rule is § 44.405. Pembroke Pines is one of Broward's largest cities; its dissolution petitions are filed with the Broward County Clerk.

An enforceable prenup removes the two most expensive fights from the case. What remains after § 61.075 and § 61.08 are contracted around is child support under § 61.30 and time-sharing under § 61.13. The state courts system maintains family-division resources and forms at flcourts.gov.

Florida Prenup Rules at a Glance

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

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 Broward County Clerk in the Seventeenth Judicial Circuit.

Drafting an Agreement vs. Reviewing One

There is a real difference between writing the agreement and being handed one. Writing it means controlling the schedule of assets, the choice-of-law clause under § 61.079(4)(a)7., and how appreciation is allocated. Being handed one means checking, before signing, whether the disclosure satisfies § 61.079(7)(a)3.a. and whether the terms would survive the unconscionability analysis in § 61.079(7)(c).

How Pazos Law Group Helps Pembroke Pines Couples

Nadia Pazos holds an AV Preeminent rating and brings roughly twenty years of Broward and South Florida family law experience.

Frequently Asked Questions

How does a prenup handle debt when both spouses work in Pembroke Pines?

A prenuptial agreement can specify that debts each spouse brings into the marriage, such as student loans or business obligations, remain that person's separate responsibility, and it can address how new debt is shared. To be enforceable under Fla. Stat. § 61.079, both partners must sign voluntarily after fair disclosure of their finances.

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.

Does a home I owned before marriage stay mine?

It may be non-marital, but appreciation and mortgage paydown during the marriage can create a marital claim. A prenup can state clearly that the property and its growth remain your separate asset.

Are prenuptial agreements enforceable in Pembroke Pines, Florida?

Yes. Enforceability is set by Fla. Stat. § 61.079. Section 61.079(3) requires only a writing signed by both parties, and § 61.079(5) makes it effective on marriage. A Pembroke Pines court will enforce it unless the resisting spouse proves involuntary execution, fraud or duress or coercion or overreaching, or unconscionability combined with a failure of disclosure, all under § 61.079(7)(a).

How much does a prenup cost in Pembroke Pines, Florida?

There is no court filing fee, because a prenuptial agreement is a private contract and is never filed with a court unless it is later litigated. Attorney fees are normally a flat fee that varies by complexity: lower for a short agreement between two people with simple finances, higher where a business, trust interest, foreign asset, or equity compensation has to be described in the disclosure schedule. Each spouse should have separate counsel, so a couple usually pays two fees.

Can a Pembroke Pines 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. Neither a notary nor witnesses are required by § 61.079(3), which asks only for a signed writing and dispenses with consideration beyond the marriage. Notarizing is a practical safeguard rather than a legal condition. Section 61.079(6) is stricter about changes: they must be written and signed.

How long does a divorce take in Pembroke Pines, Florida?

Fla. Stat. § 61.021 requires that one party reside in Florida for 6 months before the petition is filed, and § 61.052(1)(a) requires only that the marriage be irretrievably broken. Florida imposes no waiting period after filing, so an uncontested case can conclude quickly, while a contested one in the Seventeenth Judicial Circuit commonly runs far longer. A valid prenuptial agreement shortens the case by removing property division under § 61.075 and alimony under § 61.08 from dispute.

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A Clear Start for Pembroke Pines Families

A prenuptial agreement lets two partners talk openly about money and expectations before the wedding, which can strengthen a marriage rather than strain it. We help Pembroke Pines couples reach agreements that are balanced, transparent and sound under Florida law.

Postnuptial Agreements in Pembroke Pines

A large share of Pembroke Pines 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.

One distinction is worth stating plainly, because most online forms get it wrong: Fla. Stat. § 61.079 does not govern postnuptial agreements. Section 61.079(2)(a) defines the covered instrument as one “made in contemplation of marriage,” so an agreement signed after the wedding falls outside it. A Pembroke Pines postnuptial agreement is enforced under Florida common law and Casto v. Casto, 508 So. 2d 330 (Fla. 1987), which permits a court to set an agreement aside for fraud, duress, coercion, or overreaching, or where the agreement is unfair and full financial disclosure was not made.

A Pembroke Pines 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:

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More on Marital Agreements

marital agreements in Weston — prenuptial and postnuptial contracts under § 61.079.
our Florida prenup FAQ — the questions engaged couples ask most often.
protecting founder equity in a prenup — how to address unvested shares and future financings.

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This page explains Fla. Stat. § 61.079 in general terms and is not legal advice for any particular situation. Enforceability depends on facts a court weighs under § 61.079(7)(a), including whether a fair and reasonable disclosure was provided or validly waived. Reading this page creates no attorney-client relationship, and Florida law changes, so confirm the current statute before acting.