Can A Prenuptial Agreement Be Thrown Out By A Broward County Court?

If you signed a prenuptial agreement before your marriage and are now facing divorce in Broward County, you may be wondering whether that agreement will actually hold up. Or perhaps you are on the other side of things, and you believe the prenup you signed was unfair or signed under pressure. Either way, this is one of the most common questions that arises in Florida divorce proceedings involving a premarital agreement: can a court simply throw it out?

The short answer is yes, under certain circumstances. But the bar for invalidating a prenuptial agreement in Florida is a meaningful one, and whether a court will set aside your agreement depends heavily on the specific facts of your situation.

What Florida Law Says About Prenuptial Agreement Enforceability

Florida’s rules governing prenuptial agreements are found in Florida Statute § 61.079, known as the Uniform Premarital Agreement Act. Under this statute, a premarital agreement must be in writing and signed by both parties. Beyond those basic formalities, the law sets out specific grounds on which a court may refuse to enforce the agreement.

According to § 61.079, a prenuptial agreement is not enforceable if the party challenging it can prove any of the following:

• The agreement was not signed voluntarily
• The agreement was the product of fraud, duress, coercion, or overreaching
• The agreement was unconscionable at the time it was signed, and before signing, that party was not provided a fair and reasonable disclosure of the other party’s financial situation, did not voluntarily waive any right to that disclosure, and did not have adequate knowledge of the other party’s finances through other means

It is worth noting what is not on that list: a court will not throw out a prenup simply because one spouse got a better deal than the other. Florida courts generally respect agreements that two adults entered into freely and with adequate information, even if the terms are lopsided. The focus is on how the agreement was made, not just what it says.

Common Reasons Courts Have Found Prenups Unenforceable

While every case is different, there are recurring scenarios in which Broward County courts and Florida appellate courts have found prenuptial agreements to be unenforceable or partially invalid.

Pressure and timing are frequent issues. If one party was presented with the agreement shortly before the wedding, with little time to review it or seek independent legal advice, that circumstance can support a claim that the agreement was not signed voluntarily. Similarly, if a party signed while under emotional duress or financial pressure, that history can be relevant.

Lack of financial disclosure is another significant area. If one party failed to provide a reasonably complete picture of their assets, debts, and income before the agreement was signed, the other party may have grounds to challenge it. Florida law places real importance on transparency in the prenuptial process.

Provisions that affect child support present a separate issue entirely. Florida Statute § 61.079 makes clear that a prenuptial agreement cannot limit or eliminate a child’s right to support. Any provision that attempts to do so is unenforceable as a matter of public policy, regardless of what the rest of the agreement says.

So What Happens If Part of a Prenup Is Invalid?

Not every flaw in a prenuptial agreement results in the entire document being thrown out. In some cases, a court may find that a specific provision is unenforceable while leaving the rest of the agreement intact. In other cases, the problems may be significant enough to invalidate the agreement as a whole. The outcome depends on the nature and extent of the issues involved, which is why these cases require careful analysis of both the document and the circumstances under which it was signed.

Questions About Your Prenuptial Agreement? We Are Here to Help

Whether you are trying to enforce a prenuptial agreement or believe yours should not be upheld, these matters deserve serious legal attention. At the office of Sandra Bonfiglio, P.A., our team works with clients throughout Broward County on exactly these kinds of questions. Our Fort Lauderdale prenuptial agreement attorneys can review your agreement, explain how Florida law applies to your specific situation, and help you understand your options. Contact Sandra Bonfiglio, P.A. today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2024/61.079