My Fiancé Is Wealthy and Their Lawyer Drafted the Prenup: What to Do in Florida
Quick Answer
Your fiancé’s lawyer, law firm or family office drafted the prenup. Can you have your own lawyer review it in Florida? Yes. Whoever drafted it represents your fiancé, not you. Florida does not require you to hire a lawyer: a premarital agreement “must be in writing and signed by both parties” (Fla. Stat. § 61.079(3)). What protects you is what happens before you sign, including whether you were “provided a fair and reasonable disclosure of the property or financial obligations of the other party” (§ 61.079(7)(a)3.a.).
Pazos Law Group, a family law firm in Coral Gables, reviews prenuptial agreements drafted by the other side’s lawyers, including large law firms and family-office counsel, for clients in Palm Beach, Broward and Miami-Dade counties, in person or by video, in English or Spanish: (305) 482-1262.
Who the Drafting Lawyer Represents
- The lawyer, firm or family office that drafted the agreement acts for your fiancé. Their job is to protect your fiancé’s interests, not to advise you.
- Pazos Law Group represents one person in a prenup matter. If Nadia Pazos reviews the draft, she represents only you, and your fiancé keeps their own lawyer.
- Florida law does not require each party to have a lawyer (§ 61.079(3)). Independent review is your choice.
What a Florida Prenup Can Cover
Under § 61.079(4)(a), the parties may contract with respect to, among other things:
- “The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;”
- “The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;”
- “The establishment, modification, waiver, or elimination of spousal support;”
- “The making of a will, trust, or other arrangement to carry out the provisions of the agreement;”
One limit applies to every agreement: “The right of a child to support may not be adversely affected by a premarital agreement” (§ 61.079(4)(b)). A draft prepared for the wealthier fiancé often uses several of these powers at once: a waiver of spousal support, a waiver of rights at death, and definitions that keep trust interests, family-business shares and investments separate.
What to Ask For Before You Sign
- Financial disclosure. Ask for a written disclosure of your fiancé’s property and financial obligations. Under § 61.079(7)(a)3., an agreement can be unenforceable if it “was unconscionable when it was executed” and, before signing, the challenging party was not given fair and reasonable disclosure, did not waive it in writing, and did not have, or reasonably could not have had, adequate knowledge of the other party’s finances. All of those conditions must be proved.
- Any disclosure waiver. The statute refers to a party who “Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided” (§ 61.079(7)(a)3.b.). If the draft includes a waiver like this, understand what you are giving up before you sign it.
- Time to review. An agreement is not enforceable if the challenging party proves that the party “did not execute the agreement voluntarily” or that it “was the product of fraud, duress, coercion, or overreaching” (§ 61.079(7)(a)1.–2.). Ask for enough time to read, ask questions and negotiate before the wedding.
- Support and death provisions. Check exactly what the draft says about spousal support and about your rights if your spouse dies. These are often the provisions with the most at stake for the less-wealthy spouse.
- Trusts, family businesses and family offices. When the wealth sits in trusts, a family company or holdings managed by a family office, look at how the draft defines separate property, the income from those assets, and any increase in value during the marriage.
When the Other Side Is a Large Firm or a Family Office
A draft from a large firm or a family office is still a proposal. A review usually means reading it line by line, identifying what you would waive, asking questions about the disclosure, and sending proposed changes to your fiancé’s lawyer. Changes can take a few rounds between the lawyers, so start as soon as the draft arrives. For drafts from Palm Beach, Boca Raton or Miami counsel, Pazos Law Group works from its Coral Gables office or by video conference. See independent prenup review and Palm Beach prenuptial agreements.
Frequently Asked Questions
Can my fiancé’s lawyer explain the prenup to me?
That lawyer represents your fiancé. For advice about what the agreement means for you, use your own lawyer.
Can we change a prenup drafted by a big law firm?
Yes, a draft can be changed before it is signed. Your lawyer can propose changes; whether they are accepted is negotiated between the two lawyers.
Is a prenup invalid if I sign it without my own lawyer?
No. Florida does not require a lawyer (§ 61.079(3)). The grounds for challenging a prenup are set out in § 61.079(7)(a), and they are hard to prove after the fact, so the time to get advice is before you sign.
The wedding is weeks away. Is it too late?
Not necessarily, but start immediately. See how long before the wedding to sign a prenup.
Primary Sources
- Fla. Stat. § 61.079 — premarital agreements (formalities, content, enforcement).
Related Reading
- Do you need your own lawyer to review a prenup in Florida?
- What to check before signing a prenup
- Financial disclosure for a Florida prenup
- Florida prenups when there’s a trust
- High-net-worth prenuptial agreements
Attorney advertising. General information, not legal advice.