Prenup Lawyer in Miami

1. Where Would a Miami Prenup Be Challenged?

Miami-Dade County sits in the Eleventh Judicial Circuit. A divorce filed in Miami-Dade is heard there, and a spouse who wants a prenup set aside must prove one of the grounds in the Florida statute, which are an involuntary signature, fraud, duress, coercion or overreaching, or an unconscionable agreement signed without a fair disclosure. If a spouse dies, the estate is administered in the same circuit’s probate division, where a waiver of the elective share or homestead is tested under a different statute.

Appeals from Miami-Dade go to the Third District Court of Appeal, and the Third District has decided several of the cases a drafter has to know. Eager (1997) held that telling a fiancé there will be no wedding without a prenup is not duress by itself. Herrera (2005) upheld a prenup that the wife’s own lawyer had helped negotiate. Bates (2021) set one aside for coercion. Mendia (2025) held that a postnup and a quitclaim deed that never mentioned homestead waived no homestead rights. Timing, counsel, coercion and the word homestead are the four points those opinions turn on, and a draft should address each.

2. Do International Couples in Miami Need a Different Prenup?

Many do, because a couple in Miami often has assets or family in another country. Three things change. The disclosure has to list assets abroad with values, because a prenup is judged by what each spouse knew. The agreement should name the governing law, because a court that finds the agreement silent may reach Florida law through homestead policy anyway, and Judge Warner’s concurrence in Williams-Paris recommends that the parties designate the law themselves. And the death side has to account for a spouse who is not a U.S. citizen, which the foreign-nationals page covers. On waivers, Florida law says that a waiver “executed by a nonresident of Florida” is valid in Florida “if valid when executed under the laws of the state or country where it was executed.”

Immigration is the setting for Bates. A 41-year-old pilot told an 18-year-old Colombian woman that a prenup was required for her immigration. The woman signed, unread, the day before the civil wedding. The Third District held that the husband’s statement was false, that immigration is not conditioned on signing a prenuptial agreement, and that the agreement was the product of coercion. The full court split 5 to 5 on rehearing, so the panel opinion stands. Never tell a fiancé or fiancée that a document is a visa requirement. Prenups for foreign nationals and E-2 investors and prenups signed in another state or country cover the details.

3. Is a Jewish Prenup the Same as a Civil Prenup?

The halachic prenup is a separate document from a civil prenup. The Beth Din of America form, the usual one, decides the get and a daily support obligation. On its own terms the form leaves property division and maintenance to Florida law unless the couple initials an optional clause, and it contains no waiver of any right at death. A couple who wants property terms, an alimony agreement or a death-side waiver signs a civil prenup as well, and the two documents should be read together so that neither contradicts the other. Your rabbi decides which halachic form you sign. The Jewish prenup in Florida explains the form and what Florida courts enforce.

4. Can I Hire a Miami Prenup Lawyer by Video?

The No-Cost Phone Consult is by Zoom or phone, and the engagement, the disclosure schedules and the drafts can be handled remotely for clients anywhere in Florida. A common question I hear is, “We live in Miami and my fiancé lives in Tel Aviv, can we do this without flying?” The negotiation can be done by video. The signing is planned around the formality in Florida law, which requires the waiving spouse’s signature on a death-rights waiver to be witnessed by two people.

Plan the calendar backward from the wedding. A Florida appeals court held that ten days was enough time to read a prenup and see a lawyer, and courts have set aside agreements handed over the night before. A first draft months ahead is the safe course, and how to get a prenup in Florida sets out the steps.

5. What Does a Prenup Lawyer in Miami Charge?

A prenup drafted for one spouse is a flat fee from $2,450. A review of the prenup the other side drafted is a flat fee from $750, and a postnup drafted for one spouse is a flat fee from $2,950. The fees are posted October 6, 2026 and honored for 90 days from that date, and government costs, if any, are additional and passed through at cost. What a Florida prenup costs explains what drives the number, and prenup review describes the review.

We represent only the spouse who hires us, never both. The consult creates no attorney-client relationship, so do not send the draft or confidential details until we have agreed to represent you.

The hub is Florida prenuptial agreements. Related guides cover the postnuptial agreement and what makes a prenup invalid.

Frequently Asked Questions

Common Situations

The Miami couple with family abroad. One spouse owns an apartment in Caracas, and the other owns a Miami condominium. The prenup lists both with values, names Florida law and carries the homestead language for the condominium.

The couple with a religious ceremony. The couple signs the halachic prenup for the get and a civil prenup for property. The two are read side by side before the signing.

Sources of Law

• Fla. Stat. §61.079(7) (grounds for non-enforcement of a premarital agreement). Fla. Stat. §732.702(1) (waiver before two subscribing witnesses; waiver executed by a nonresident).
• Eager v. Eager, 696 So. 2d 1235 (Fla. 3d DCA 1997). Herrera v. Herrera, 895 So. 2d 1171 (Fla. 3d DCA 2005). Bates v. Bates, 345 So. 3d 328 (Fla. 3d DCA 2021) (rehearing en banc denied 5 to 5, Aug. 31, 2022). Mendia v. Galvez, No. 3D24-0798 (Fla. 3d DCA Aug. 27, 2025). Williams-Paris v. Joseph, No. 4D20-1760 (Fla. 4th DCA Nov. 17, 2021) (Warner, J., concurring). Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Baldomero v. Baldomero, 46 Fla. Supp. 2d 154 (Fla. 11th Cir. Ct. 1990).
• Statutes and opinions retrieved 2026-10-07.

A Miami Business Valued at $90,000 Before It Sold for $275,000

In one case I have reviewed, decided in 1990 by a Miami-Dade circuit judge, a husband listed his transmission repair shop and the land under it in a sworn financial affidavit at $90,000 to $95,000. The affidavit said he had spent two years unsuccessfully trying to sell it. His wife, who received an apartment in Venezuela under the same agreement, relied on that figure when the couple signed a settlement agreement on October 12, 1988, and she waived all interest in the business. A buyer offered to buy it in the first week of November, less than a month later, and admitted that he had talked to the husband before the signing. The sale closed on February 6, 1990 at $275,000, with a net profit to the husband of about $188,000.

The court found that the husband knew the true value, and it set aside the one paragraph in which the wife had waived the business. The rest of the agreement stayed. Measured with the real figure, the husband held about 70 percent of the assets and the wife about 30 percent, and the court gave her half of the net proceeds above the $8,000 net value the agreement had assigned to the business.

I have a few take-home points.

The first is that the disclosure in the sworn affidavit was the number the wife relied on, and the court tested it against the closing statement. A schedule is only as good as the figure on it.

The second is that a pending sale is the fact most often left off. The buyer’s own testimony put the discussions before the signing, and the court rejected the husband’s account of a buyer who appeared by chance.

The third is that the court fixed the problem with one paragraph. A paragraph of the agreement preserving its other terms let the court void the business waiver and keep the rest.

Practice pointer. Ask for the basis of every business and real estate value, and ask in writing whether any sale, offer or financing is under discussion. A prenup can include a statement that none exists.

Avoid accepting an owner’s own valuation of a business that is for sale.

The honest limit is that the order is a trial court decision on a divorce settlement, decided under Casto, and binds no other judge. Florida law on attacking a settlement written into a divorce judgment has changed since, so the same attack today would face a different test. The case shows how a court weighs concealed value and predicts nothing about a particular agreement.

Kevin D. Klagge, Esq., admitted in Florida since 2012. The case above is a published opinion in other parties’ matter, not a matter this firm handled, and it predicts nothing about yours.

Updated on October 7, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. The firm’s office is at 100 SE 2nd Street, Suite 3650, Miami, FL 33131, and it serves clients throughout Florida remotely. General information about Florida law, not legal advice, and no attorney-client relationship is created. Each spouse should have independent counsel. Do not send the draft or any confidential information until we have agreed to represent you.