Florida healthcare billionaire Miguel "Mike" Fernandez, 73, filed for divorce from Constance Tolevich Fernandez, 61, after 25 years of marriage and five children, triggering a high-stakes fight over a prenuptial agreement signed on their 2001 wedding day. A Miami-Dade judge is scheduled to decide enforceability in early June 2026 under Fla. Stat. § 61.079, with the Coral Gables waterfront estate among the contested assets.
Key Facts
| Item | Detail |
|---|---|
| What happened | Mike Fernandez filed for divorce from wife of 25 years; prenup enforceability disputed |
| When | Petition filed 2026; enforceability hearing scheduled early June 2026 |
| Where | Miami-Dade County, Florida (Eleventh Judicial Circuit) |
| Who's affected | Miguel "Mike" Fernandez (73, chairman of MBF Healthcare Partners) and Constance Tolevich Fernandez (61); five children |
| Key statute | Fla. Stat. § 61.079 — Florida's Uniform Premarital Agreement Act |
| Core dispute | Prenup signed on wedding day; husband says wife had 2+ weeks advance notice, notarized, witnessed, no objection |
According to reporting by People via Yahoo, Fernandez's team maintains the agreement was delivered to Constance at least 14 days before the ceremony and signed before a notary with witnesses present. Her challenge reportedly focuses on the wedding-day execution itself — a fact pattern Florida courts have addressed dozens of times since the state adopted the Uniform Premarital Agreement Act in 2007.
Why This Matters Legally
A wedding-day signing does not automatically invalidate a Florida prenup. Under Fla. Stat. § 61.079(7), a premarital agreement is unenforceable only if the challenging spouse proves (1) involuntary execution, (2) the agreement was unconscionable when signed, or (3) inadequate financial disclosure combined with no written waiver and no independent knowledge of the other spouse's assets. Timing alone is not a statutory ground — it is evidence of voluntariness, one factor among many.
Florida appellate courts have enforced prenups signed the day of the wedding when the challenging spouse had prior access to the document, competent counsel was available, and no threats or coercion occurred. In Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005), the Florida Supreme Court reaffirmed that premarital agreements carry a strong presumption of validity, placing the burden squarely on the challenging spouse. Fernandez's team will lean on the 2+ week advance-notice claim to rebut any duress argument, because a document reviewed for 14 days is legally different from one presented 14 minutes before the ceremony.
The Coral Gables waterfront estate — likely the most valuable single asset in dispute — will be classified as marital or nonmarital based on the prenup's terms and Florida's equitable distribution statute, Fla. Stat. § 61.075. If the court upholds the prenup, classification follows the contract. If the court strikes it down, Florida's default equitable-distribution framework applies and the estate is presumptively marital if acquired during the marriage, regardless of whose name is on the deed.
How Florida Law Handles This
Florida's Uniform Premarital Agreement Act, codified at Fla. Stat. § 61.079, governs every prenup signed in the state on or after October 1, 2007. Agreements signed before that date are analyzed under pre-UPAA case law, primarily Del Vecchio v. Del Vecchio, 143 So. 2d 17 (Fla. 1962). Because the Fernandez prenup was signed in 2001, it falls under the older Del Vecchio standard, which requires (1) fair and reasonable provision for the challenging spouse, OR (2) full and frank disclosure of assets before signing, OR (3) a general knowledge of the wealthy spouse's finances.
The Del Vecchio framework is, in some respects, friendlier to the challenging spouse than UPAA — it allows disproportionate outcomes to be second-guessed on fairness grounds. That means Constance's team may attack both the execution circumstances AND the substantive fairness of the 2001 terms as applied to a 25-year marriage with five children. Courts routinely scrutinize prenups more closely when the economic gap between spouses has widened dramatically during the marriage.
Where a Florida court invalidates a prenup, the default rules of Fla. Stat. § 61.075 (equitable distribution) and Fla. Stat. § 61.08 (alimony) apply. Florida uses equitable — not equal — distribution, meaning assets and debts acquired during the marriage are divided based on statutory factors including marriage duration (25 years qualifies as "long-term" under Florida law, triggering a presumption of equal division), contribution to the marriage, and each spouse's economic circumstances. Alimony for long-term marriages can include durational support under the 2023 alimony reform codified at Fla. Stat. § 61.08(8), capped at 75% of the marriage length.
Child-related issues remain outside the prenup entirely. Under Fla. Stat. § 61.13, parenting plans and time-sharing are decided under the best-interests standard regardless of any premarital contract, and child support follows the guidelines in Fla. Stat. § 61.30. No prenup can waive a child's right to support.
Practical Takeaways
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Sign prenups at least 30 days before the wedding. Florida does not mandate a specific waiting period, but judges give significantly more deference to agreements executed well before the ceremony. Two weeks of advance review, as Fernandez reportedly provided, is defensible — two hours is not.
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Document the negotiation trail. Email exchanges, drafts with tracked changes, notarization dates, and witness statements become the record that defeats a duress claim. Fernandez's team will rely on exactly this kind of paper trail at the June 2026 hearing.
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Require independent counsel for both sides. Fla. Stat. § 61.079 does not mandate separate attorneys, but having represented both spouses is the single strongest fact pattern Florida appellate courts cite when upholding prenups. Waiver of counsel should be explicit and written.
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Disclose all assets in writing. Attach a schedule of assets and liabilities as an exhibit. Under Fla. Stat. § 61.079(7)(a)3, inadequate disclosure is one of only three statutory grounds for invalidation — eliminating this defense forecloses a major attack vector.
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Update the prenup after major life changes. Five children and 25 years of wealth accumulation can render a 2001 agreement's provisions look unconscionable to a 2026 court. Postnuptial agreements under Fla. Stat. § 61.079 allow spouses to refresh terms during the marriage.
Frequently Asked Questions
Can a Florida prenup signed on the wedding day be enforced?
Yes, Florida courts regularly enforce wedding-day prenups when the challenging spouse had prior access to the document, disclosure was adequate, and no coercion occurred. Under Fla. Stat. § 61.079(7), timing alone is not a statutory ground for invalidation — the challenger must prove involuntary execution, unconscionability, or inadequate disclosure.
What makes a Florida prenup invalid?
A Florida prenup is invalid only on three statutory grounds: (1) the agreement was signed involuntarily due to duress or coercion, (2) it was unconscionable when signed, or (3) financial disclosure was inadequate and no written waiver exists. Fla. Stat. § 61.079(7) places the burden of proof on the challenging spouse.
Does a 25-year marriage change how Florida treats a prenup?
No, marriage length does not automatically invalidate a prenup, but it can affect unconscionability analysis. Florida courts examine whether terms reasonable in 2001 have become unconscionable by 2026. A 25-year marriage qualifies as "long-term" under Fla. Stat. § 61.08, triggering enhanced alimony considerations if the prenup is struck down.
How does Florida divide a waterfront estate in a divorce without a prenup?
Florida applies equitable distribution under Fla. Stat. § 61.075, presuming equal division of marital assets unless factors justify otherwise. A Coral Gables estate acquired during marriage is typically marital regardless of title. Long-term marriages (17+ years) carry a strong presumption of 50/50 division absent unusual circumstances.
Can children affect whether a Florida prenup is enforced?
Child-related provisions in a prenup are unenforceable, but children do not invalidate the rest of the agreement. Under Fla. Stat. § 61.13, parenting plans follow the best-interests standard, and Fla. Stat. § 61.30 governs child support — both override any premarital waiver of support rights.
Talk to a Florida Divorce Attorney
High-asset Florida divorces involving prenuptial agreements require experienced counsel who understands both the Uniform Premarital Agreement Act and pre-2007 case law. If you are negotiating, enforcing, or challenging a Florida prenup, connect with a qualified family law attorney in your county through our directory.
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.