Miguel 'Mike' Fernandez, 73, chairman of MBF Healthcare Partners, filed for divorce in Miami-Dade Circuit Court on April 16, 2026, after 25 years of marriage to Constance Tolevich Fernandez, 61, seeking to enforce a prenuptial agreement signed on their 'pop-up' wedding day that caps her recovery at $1 million against his nearly $1 billion fortune. A hearing set for early June 2026 will test Florida's three statutory grounds for invalidating prenups under Fla. Stat. § 61.079: involuntariness, unconscionability paired with inadequate disclosure, and fraud.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Mike Fernandez filed for divorce and moved to enforce a prenuptial agreement capping his spouse's recovery at $1 million |
| When filed | April 16, 2026; initial hearing scheduled for early June 2026 |
| Where | Miami-Dade County Circuit Court, Florida (11th Judicial Circuit) |
| Parties | Miguel 'Mike' Fernandez (73) v. Constance Tolevich Fernandez (61); married 25 years |
| Key statute | Fla. Stat. § 61.079 (Uniform Premarital Agreement Act); Fla. Stat. § 61.075 (equitable distribution) |
| Assets at issue | Coral Gables waterfront estate, approximately $6 million in jewelry, estimated $1 billion total fortune |
According to reporting from the Daily Business Review and other outlets, the agreement at the center of the dispute was executed the same day the couple married roughly 25 years ago — a detail that Constance's legal team is expected to leverage when arguing that she signed under duress with inadequate time to review terms. Mr. Fernandez's petition, by contrast, takes the position that the agreement was negotiated, signed with counsel, and remains fully enforceable today.
Why this matters legally
This case will test whether a prenup executed on the wedding day survives scrutiny when the disparity between the contracted cap and the marital estate approaches 1,000-to-1. Florida enforces prenuptial agreements aggressively compared to many states, but Fla. Stat. § 61.079(7) carves out three escape hatches that a challenging spouse must establish by clear and convincing evidence. The Fernandez litigation squarely implicates all three.
First, involuntariness. Florida courts have voided prenups when the timing, pressure, or circumstances of signing negated meaningful consent. A same-day 'pop-up' signing — particularly with guests already assembled — gives the challenging party a factual hook that a court signing weeks before would not. Second, unconscionability combined with inadequate disclosure. A $1 million cap on a $1 billion estate is facially shocking, which shifts judicial focus to whether Mr. Fernandez fully disclosed his financial picture in 2001 and whether Constance voluntarily waived further disclosure in writing. Third, fraud — the narrowest path, requiring proof of affirmative misrepresentation about assets or income at signing.
The Third District Court of Appeal, which covers Miami-Dade, has repeatedly upheld prenups with significant waivers when disclosure was adequate, most notably in Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005), where the Florida Supreme Court enforced prevailing-party fee provisions in premarital agreements. Constance's team will need to distinguish that line of precedent.
How Florida law handles this
Florida adopted a modified version of the Uniform Premarital Agreement Act in 2007, codified at Fla. Stat. § 61.079. The statute governs agreements executed on or after October 1, 2007, but Florida common law — anchored by Casto v. Casto, 508 So. 2d 330 (Fla. 1987) — governs pre-2007 agreements like the Fernandez prenup. Under Casto, the challenging spouse must prove one of the following: (1) the agreement was obtained by fraud, deceit, duress, coercion, misrepresentation, or overreaching; or (2) the agreement is unconscionable and was executed without full and fair disclosure of the other party's finances, or without the challenging party's knowledge of those finances.
Once unconscionability and inadequate disclosure are both shown, the burden flips. Florida equitable distribution under Fla. Stat. § 61.075 would then apply to marital assets acquired during the 25-year marriage, which for a billionaire-level estate could mean an award in the hundreds of millions rather than $1 million. The Coral Gables waterfront home and the approximately $6 million in jewelry would be analyzed under the marital-versus-nonmarital framework, with appreciation of nonmarital assets attributable to marital labor becoming marital property.
Alimony is also on the table. Florida abolished permanent alimony effective July 1, 2023, replacing it with durational alimony capped at 75 percent of the marriage length for long-term marriages over 20 years — meaning Constance could be eligible for up to approximately 18 years of durational alimony if the prenup's alimony waiver falls alongside its property cap. Durational alimony is governed by Fla. Stat. § 61.08.
Practical takeaways
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Do not sign a prenup on your wedding day. Florida courts take timing seriously. Best practice in 2026 is to finalize and sign a prenup at least 30 days before the ceremony, with each party represented by independent counsel and a written record showing unhurried review.
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Demand full financial disclosure — and document receipt of it. Attach a schedule of assets, liabilities, and income to the agreement itself. A signed waiver of further disclosure is only enforceable when the waiving party already had a reasonable understanding of the other spouse's finances.
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Retain independent counsel. Shared attorneys or unrepresented spouses are red flags Florida courts routinely cite when evaluating voluntariness under the Casto standard.
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Review prenups every 5 to 7 years. Amendments memorializing acknowledgment and ratification after significant wealth events (business sales, inheritances, IPOs) help defeat later claims of changed circumstances or unconscionability.
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Understand Florida's 2023 alimony reform. The elimination of permanent alimony changed the leverage map in long-marriage divorces. If your prenup was drafted before July 1, 2023, have it reviewed against current Fla. Stat. § 61.08.
Frequently asked questions
Can a Florida court throw out a prenup signed on the wedding day?
Yes, but not automatically. Florida courts will void a prenup under Fla. Stat. § 61.079 or the Casto standard if the challenging spouse proves involuntariness by clear and convincing evidence. Wedding-day signings are a strong factual hook for duress claims, particularly when combined with a grossly disparate asset split.
How much could Constance Fernandez receive if the prenup is invalidated?
If the prenup falls, Florida equitable distribution under Fla. Stat. § 61.075 would divide marital assets, presumptively 50/50. On a roughly $1 billion estate built over 25 years of marriage, that could translate to hundreds of millions of dollars plus up to 18 years of durational alimony under Fla. Stat. § 61.08.
What is the difference between unconscionability and fraud in a Florida prenup challenge?
Unconscionability requires showing the agreement is grossly one-sided AND that financial disclosure was inadequate at signing — both elements are required. Fraud requires proof of an affirmative misrepresentation about assets, income, or material facts. Unconscionability is the more common and more winnable path in Florida prenup challenges.
Does Florida's 2023 alimony reform apply to older prenups?
Yes. Florida's July 1, 2023 alimony reform under Fla. Stat. § 61.08 applies to all divorces filed after the effective date regardless of when the parties married or signed a prenup. Permanent alimony is no longer available; durational alimony is capped at 75 percent of the marriage length.
How long will the Fernandez divorce case take to resolve?
Contested high-net-worth Florida divorces typically take 12 to 24 months. The early-June 2026 hearing will address prenup enforceability as a threshold issue. If the prenup is upheld, the case may resolve in months; if voided, full equitable distribution discovery and valuation of MBF Healthcare holdings could extend litigation into 2028.
Planning ahead
If you have a Florida prenuptial agreement that was signed near your wedding date, executed without independent counsel, or predates Florida's 2007 UPAA and 2023 alimony reform, a review with a Florida family law attorney can identify vulnerabilities before a filing makes them urgent. Divorce.law's directory lists exclusive family law attorneys for every Florida county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.