How To Dispute A Prenuptial Agreement In A Fort Lauderdale Divorce
Prenuptial agreements in Fort Lauderdale provide clarity and protection for both partners in a marriage. It is a legally binding contract and can significantly impact your rights in Broward County divorce proceedings, but it is important to be aware that prenups are not always ironclad.
If you signed a prenuptial agreement in Florida and are now facing a divorce, you may have valid grounds to challenge it. Our Fort Lauderdale divorce lawyer explains when and how you can dispute it in court.
Legal Reasons to Challenge a Fort Lauderdale Prenuptial Agreement
Florida law allows for prenuptial agreements, which dictate financial matters in a Fort Lauderdale divorce. However, to be enforceable by the court, your prenup must be legally valid.
Under Section 61.079 of the Florida Statutes, a court may set aside a prenuptial agreement in a divorce if it fails to meet all required provisions, such as in the following situations:
- If one spouse failed to disclose all assets, debts, or financial obligations before signing;
- If you or your partner were pressured, threatened, or manipulated into signing;
- If your prenuptial agreement is not in writing, signed by both parties, or there were other errors in how it was executed;
- If the prenup is unfair and so one-sided that it leaves one of the spouses in financial ruin while overly benefiting the other.
If you believe your prenuptial agreement is unfair or was signed under questionable circumstances, consult our Fort Lauderdale divorce lawyer right away.
Steps to Protect Your Rights When Challenging a Prenuptial Agreement In The Broward County Family Court
Prenuptial agreements are legally binding documents. However, you can dispute if it is unfair, entered into under fraud or coercion, or fails to meet other qualifications under state laws.
Successfully disputing a prenuptial agreement through the Broward County Family Court requires a strong legal strategy. To improve your chances of success, take the following steps:
- Gather evidence: This includes emails, text messages, or financial documents that prove coercion, fraud, or a lack of disclosure.
- Request a financial review: A forensic accountant can analyze whether all assets were fully disclosed and fairly divided.
- Challenge improper provisions: Florida law does not allow prenuptial agreements in Fort Lauderdale to decide child time-sharing or waive future alimony unfairly. If your prenup includes these, it may be unenforceable.
- File a legal motion: Your divorce lawyer can petition the court to invalidate the prenup based on legal arguments and evidence.
When dealing with potential disputes in a prenuptial agreement, work with an experienced Fort Lauderdale divorce lawyer to get the best possible outcome.
Contact Our Fort Lauderdale Divorce Lawyer for Help Disputing Prenuptial Agreements In Broward County
If you believe your prenuptial agreement is unfair or invalid, get the professional legal help you need to dispute the terms.
Fort Lauderdale divorce lawyer Sandra Bonfiglio provides the caring support and trusted legal guidance clients need in these cases. To get the maximum amount you are entitled to in a divorce settlement, contact our office. Request a confidential consultation today.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
browardclerk.org/Divisions/Family
