A high-profile Florida divorce is drawing attention to a question that comes up more often than people expect: what happens when a prenuptial agreement is signed on the wedding day? A healthcare billionaire filed for divorce in Tampa, FL after 25 years of marriage and is asking the courts to enforce a prenup his wife allegedly signed hours before their ceremony. The outcome will turn on how Florida law treats timing, disclosure, and voluntary consent.
The Fernandez Divorce and What’s at Stake
Miguel “Mike” Fernandez, 73, filed to end his marriage to Constance Tolevich Fernandez, 61. He chairs private investment firm MBF Healthcare Partners and is a reported billionaire and Miami-area philanthropist. A Coral Gables waterfront estate and roughly $6 million in jewelry are reportedly in dispute.
Mike’s petition states the couple had discussed the need for a prenup for at least six months beforehand, and that Constance received a copy of the proposed language at least two weeks before their informal ceremony. He alleges she never objected or indicated she was under duress.
This is not a simple dispute. It raises a set of well-established legal questions that a Tampa, FL contested divorce lawyer deals with regularly in Florida courts.
How Florida Law Handles Prenuptial Agreements
Florida is generally favorable toward enforcing prenups. Under Florida Statute § 61.079, the Uniform Premarital Agreement Act, a premarital agreement must be in writing and signed by both parties. No additional consideration is required beyond the marriage itself.
The statute allows a prenup to be set aside on three grounds: involuntariness, unconscionability combined with inadequate financial disclosure, and fraud. Courts have no broad discretion to simply declare an agreement unfair in hindsight.
The Problem With Wedding-Day Signings
Signing a prenup on the day of a wedding does not automatically void it, but it invites significant legal scrutiny. Florida courts have examined this issue repeatedly. When a signing occurs hours before a ceremony, the challenging spouse can raise several arguments:
- They had no meaningful opportunity to review the document
- Independent legal counsel was unavailable or not consulted
- The pressure of an imminent ceremony substituted for genuine, voluntary consent
- The other party’s financial picture was not fully or fairly disclosed
Florida appellate courts have set aside wedding-day prenups when duress was established. But timing alone is not enough. The spouse challenging the agreement must also show an absence of meaningful choice. In the Fernandez case, that precise factual question will be decided at the June 2026 hearing.
What Tampa Couples Should Understand
Most contested divorce cases don’t involve a billion-dollar fortune, but the applicable law is identical. If you signed a prenup and are now facing divorce, the questions Florida courts will ask are: Was there adequate time to review? Was there full financial disclosure? Was independent counsel available? These are fact-intensive inquiries that require documentation and careful legal strategy.
For anyone whose divorce involves a disputed marital agreement, the financial consequences can be significant regardless of estate size. A Tampa contested divorce lawyer handles precisely these situations where the enforceability of a prenup is in dispute.
Before signing or challenging a prenuptial agreement, the following apply broadly:
- Both parties should retain independent legal counsel before signing
- Full financial disclosure must be documented in writing
- Agreements should be signed well in advance of the ceremony
- Ambiguous or incomplete terms invite litigation
These are not suggestions. Under Florida law, they are the factors a court will weigh if the agreement is ever challenged.
If you are going through a divorce in Tampa, FL and a prenuptial agreement is part of the picture, the attorneys at The McKinney Law Group Family & Divorce Lawyers can evaluate your situation and help you understand where you stand. Whether the goal is to uphold an agreement or contest one, the path forward starts with knowing how Florida law applies to the facts of your case.