Prenuptial Agreement Lawyer in Miami

In Florida, a prenuptial agreement must be in writing and signed by both partners, and it takes effect when you marry (Section 61.079, Florida Statutes). It can settle property, debt, and alimony questions ahead of time, but it cannot adversely affect a child’s right to support. Arturo R. Alfonso drafts and reviews prenups in English and Spanish.

How Florida law treats a prenuptial agreement

Florida’s main rules for prenuptial agreements are in Section 61.079, Florida Statutes, the state’s version of the Uniform Premarital Agreement Act. The agreement must be in writing and signed by both of you, it needs no payment or other consideration beyond the marriage itself, and it becomes effective when you marry.

Without an agreement, a divorce court divides property under Section 61.075. The judge sets apart each spouse’s nonmarital assets and debts, then divides the marital ones, starting from the premise that the division should be equal. The same statute treats assets excluded by a valid written agreement of the spouses as nonmarital, so a prenup lets you decide these questions together, in advance, rather than leaving them to a judge. For how Florida’s approach differs from community property states, see Is Florida a community property state?

Who should consider a prenup

Prenups are not just for the wealthy. It makes sense to talk about one when one or both of you:

• Owns a business, a professional practice, or rental property
• Wants to preserve an inheritance for children from an earlier relationship
• Expects an inheritance or holds family property you want to keep in the family
• Brings substantial savings, retirement accounts, or debt into the marriage
• Earns far more than the other, or plans to step away from work to raise children

Still deciding? The page Should I get a prenup in Florida? walks through the decision.

What a Florida prenup can cover

Under Section 61.079(4), a prenup can address:

• Each spouse’s rights in property, whenever and wherever it was acquired or is located
• Who may buy, sell, lease, mortgage, or otherwise manage and control property
• How property will be divided at separation, divorce, death, or another event you choose
• Whether spousal support will be set, modified, waived, or eliminated
• Wills, trusts, or other arrangements that carry out the agreement
• Who receives the death benefit of a life insurance policy
• Which state’s law governs the agreement
• Other personal rights and obligations, as long as they do not violate public policy or a criminal law

If you own a business. A company you started before the wedding is not automatically shielded. Under Section 61.075, growth in the value of a nonmarital asset is marital when it results from either spouse’s efforts during the marriage or from marital funds put into it. A prenup can define how the business and its future growth will be treated. See What happens to a business in a Florida divorce?

Alimony after the 2023 reform. Chapter 2023-315, Laws of Florida, amended Section 61.08, which now lists temporary, bridge-the-gap, rehabilitative, and durational alimony; permanent alimony is no longer among them. A prenup can still set its own support terms or waive support, subject to the public assistance rule below.

What a prenup cannot do

• Limit child support. Under Section 61.079(4)(b), a premarital agreement may not adversely affect a child’s right to support.
• Decide parenting in advance. Section 61.13 directs the court to decide parenting and time-sharing according to the best interests of the child, so those decisions stay with the court.
• Leave a spouse on public assistance. If a clause that reduces or eliminates spousal support would make a spouse eligible for public assistance at separation or divorce, Section 61.079(7)(b) lets the court require the other spouse to pay enough support to prevent that eligibility.

When a Florida court will not enforce a prenup

Under Section 61.079(7)(a), a prenup is not enforceable in a family law case if the spouse challenging it proves any one of these grounds:

1. He or she did not sign the agreement voluntarily.
2. The agreement was the product of fraud, duress, coercion, or overreaching.
3. The agreement was unconscionable when signed, and before signing, that spouse did not receive a fair and reasonable disclosure of the other’s property or financial obligations, did not voluntarily and expressly waive further disclosure in writing, and did not have, or reasonably could not have had, adequate knowledge of those finances.

The third ground combines an unconscionable agreement with a disclosure problem. Either one on its own does not meet it. Under Section 61.079(7)(c), the court decides unconscionability as a matter of law.

Death, inheritance, and Section 732.702

A prenup often plans for death as well as divorce. Florida law gives a surviving spouse rights that include the elective share, intestate share, pretermitted share, homestead, exempt property, and family allowance. Section 732.702 lets spouses waive those rights, fully or partly, before or after marriage. The waiver must be in writing, and for Florida residents it must be signed by the waiving spouse in the presence of two subscribing witnesses.

Disclosure rules depend on timing. A waiver signed before the wedding requires no disclosure under Section 732.702. A waiver signed after the wedding requires each spouse to make a fair disclosure of his or her estate to the other. Section 61.079 applies only to family law proceedings, and subsection (10) leaves these probate rules untouched, so an agreement that covers both divorce and death should meet both statutes. Arturo plans the signing with both in mind.

Timing, separate lawyers, and full disclosure

Start early. Section 61.079 sets no waiting period, but two of the enforcement grounds above ask whether each person signed freely. A draft that first appears the week of the wedding, when backing out would be costly, invites that kind of challenge. Begin soon after the engagement so there is time to read, ask questions, and negotiate.

Separate lawyers. The statute does not require each partner to have a lawyer. Arturo represents one of you, and your partner should hire an independent lawyer. Advice on both sides helps show that each person understood the agreement and signed it voluntarily.

Full disclosure. The statute recognizes a voluntary written waiver of further disclosure, but a complete exchange of information is the safer course. Expect to list your assets, debts, and income, including property and accounts abroad, and attach those schedules to the agreement.

Postnuptial agreements and changes after the wedding

Under Section 61.079(6), an existing prenup can be amended, revoked, or abandoned after the wedding, but only by a written agreement signed by both spouses, and no new consideration is required.

Couples without a prenup sometimes consider a postnuptial agreement. Section 61.079 covers agreements between prospective spouses, so it does not by its own terms govern a contract signed during the marriage. Other statutes still apply: Section 61.075 treats assets excluded by a valid written agreement of the spouses as nonmarital, and a waiver of rights at death signed after marriage requires fair disclosure under Section 732.702. Full disclosure and separate lawyers matter just as much for a postnup.

Prenuptial agreements in Miami-Dade

Miami couples often bring more than one country into a marriage, such as a home abroad or a family business with operations overseas. A Florida prenup can cover property wherever it is located and can choose the law that governs the agreement. Each partner should understand every page before signing, and Arturo works with clients in English and Spanish.

If a marriage ends, a Miami-Dade divorce is heard in the Family Division of the 11th Judicial Circuit, which is typically where a prenup is enforced or challenged.

Talk with Arturo about your agreement

Whether you are engaged or already married and weighing a postnuptial agreement, Arturo R. Alfonso can explain your options under Florida law. He brings 30 years of legal experience, and prenups are part of his family law practice in Miami. To schedule a free consultation, contact the office or call (305) 266-9584. The office is at 7821 Coral Way, Suite 125, Miami, FL 33155.