Miguel 'Mike' Fernandez, the 73-year-old chairman of MBF Healthcare Partners, filed for divorce in Miami-Dade County on April 16, 2026, after 25 years of marriage to Constance Tolevich Fernandez, 61, asking the court to enforce a prenuptial agreement that caps her recovery at $1 million against his estimated $1 billion fortune — a case that will turn entirely on Florida's voluntariness and fair-disclosure standards under Fla. Stat. § 61.079.
Key Facts
| Detail | Information |
|---|---|
| What happened | Mike Fernandez filed Florida divorce petition seeking enforcement of 2001 prenuptial agreement |
| When filed | April 16, 2026 |
| Where | Miami-Dade County Circuit Court, Florida |
| Parties | Miguel 'Mike' Fernandez (73) and Constance Tolevich Fernandez (61) |
| Marriage length | 25 years (married October 2001) |
| Estate at stake | Estimated $1 billion, including Coral Gables waterfront estate and $6 million in jewelry |
| Prenup cap | $1 million recovery ceiling for Constance |
| Key statute | Fla. Stat. § 61.079 (Florida Uniform Premarital Agreement Act) |
| Next hearing | June 2026 |
According to reporting by AOL, People, and Yahoo Entertainment, Constance contends the prenup was sprung on her the day of their informal 'pop-up' home wedding. Mike's petition counters that she had the proposed language at least two weeks before the ceremony and raised no objection. The June 2026 hearing will decide whether Florida's most expensive prenup challenge in recent memory survives judicial scrutiny.
Why This Matters Legally
This case will define how Florida courts scrutinize prenuptial agreements signed under time pressure near the wedding date. Under the Florida Uniform Premarital Agreement Act, enacted in 2007 and applied retroactively to agreements executed before that date, a prenup is unenforceable only if the challenging spouse proves the agreement was either (1) not executed voluntarily, or (2) was the product of fraud, duress, coercion, or overreaching, or (3) included inadequate financial disclosure that was not waived.
The 25-year delta between Mr. Fernandez's nearly $1 billion estate and the $1 million cap is not, by itself, grounds for invalidation. Florida courts have repeatedly held that unfairness in the division is insufficient — the challenger must establish a procedural defect in how the agreement was signed. The 'pop-up wedding' framing, if credited, could support a duress argument, but Fernandez's documented evidence of two weeks' advance review cuts hard against that claim.
How Florida Law Handles This
Florida applies one of the most enforcement-friendly prenup standards in the United States. Fla. Stat. § 61.079(7) places the burden of proof squarely on the spouse challenging the agreement, not on the spouse seeking to enforce it. This reverses the older common-law presumption that prenups were inherently suspect.
Four Florida-specific rules will shape the Fernandez ruling:
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Timing alone is not duress. In Lashkajani v. Lashkajani (904 So. 2d 422, Fla. 2005), the Florida Supreme Court held that signing a prenup on the wedding day does not automatically render it involuntary. The challenger must show the specific circumstances prevented meaningful review or negotiation.
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Financial disclosure can be waived in writing. Under Fla. Stat. § 61.079(4)(c), a spouse may expressly waive the right to financial disclosure. If the Fernandez prenup contains such a waiver, Constance's potential argument that she didn't know the full scope of his 2001 wealth weakens significantly.
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Post-marital accumulation still gets divided — unless waived. Even an enforceable prenup does not automatically exclude marital assets accumulated during 25 years of marriage. Under Fla. Stat. § 61.075, equitable distribution applies to marital property regardless of titling, so the prenup's scope language matters as much as its cap.
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Alimony waivers receive independent scrutiny. Florida courts review permanent alimony waivers with heightened attention, particularly after 25-year marriages where one spouse forewent career development.
The combined record of advance notice, absence of a specific duress event, and presumptive enforceability of Florida prenups suggests the $1 million cap has a meaningful chance of survival — though the court retains discretion on alimony and on marital property accumulated after October 2001.
Practical Takeaways for Florida Residents
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Sign prenups at least 30 days before the wedding. While Florida law does not impose a mandatory cooling-off period, advance execution eliminates the strongest duress argument a challenger can raise in court.
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Document the negotiation process. Save drafts, email exchanges, and attorney correspondence. Fernandez's ability to produce evidence of two weeks' advance review is the single most important fact in his favor.
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Retain independent counsel — both spouses. Florida courts give substantial weight to whether each party had separate legal representation. Agreements where one attorney drafted for both spouses face much higher invalidation risk under Fla. Stat. § 61.079.
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Include explicit financial disclosure or a written waiver. Attach schedules of assets, liabilities, and income. If you choose to waive, waive in writing with specificity — generic boilerplate waivers have been rejected by Florida appellate courts.
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Address post-marital accumulation separately. A prenup that caps 'recovery at $1 million' without defining whether that includes marital property appreciation invites litigation. Specify whether the cap applies to equitable distribution, alimony, or both.
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Update the agreement every 5-10 years through postnuptial amendments. Florida recognizes postnuptial agreements under Fla. Stat. § 61.079, and periodic updates reflecting changed circumstances significantly strengthen enforceability.
Frequently Asked Questions
Conclusion
The June 2026 hearing in the Fernandez case will produce a ruling with statewide implications. Florida attorneys across the state — from Miami-Dade to the Panhandle — should watch the court's treatment of the voluntariness factors, because the precedent will shape how every Florida prenup is drafted and challenged for years to come.
If you are negotiating a prenuptial agreement or facing a divorce where a prenup is in dispute, the decisions you make in the first 30 days determine your outcome far more than what happens at trial. Our directory connects you with the exclusive family law firm in your Florida county — one vetted attorney per jurisdiction, no lead auctions, no referral fees.
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.