How to Set Aside a Prenuptial Agreement
While many couples later regret that they did not enter into a prenuptial agreement before getting married, others find themselves wishing that they had not acquiesced to such an agreement. This is especially true for parties who realize that they were taken advantage of during negotiations, weren’t represented by an attorney, or were not give a true accounting of the other party’s holdings and assets. Fortunately, it is possible to set these kinds of agreements aside, as Florida law specifically prohibits the implementation of prenuptial agreements that were based on fraud or duress, so if you and your spouse have decided to get divorced and you have a questionable prenuptial agreement in place, it is important to speak with an experienced Fort Lauderdale prenuptial and postnuptial agreement attorney who can help protect your interests.
Invalidating a Prenuptial Agreement
In order to invalidate a prenuptial agreement, a person must be able to prove that:
- The agreement in question is fundamentally unfair;
- One party did not make a full and frank financial disclosure at the time of the agreement’s drafting;
- He or she was not given enough time to review the agreement with a lawyer; or
- The agreement was not properly signed.
If you believe that your own prenuptial agreement is not lawful under Florida statute, please call our office today to learn more about asserting your rights in court.
Prenuptial agreements cannot be fundamentally unfair to one of the parties. This includes failing to make sufficient provision for one spouse or creating an agreement that is overly one-sided. If deemed grossly unfair in such a way that one party would prosper financially, while the other would face severe financial hardship, a prenuptial agreement will almost always be invalidated.
Under Florida law, a prenuptial agreement will only be considered valid if both parties have a full understanding of each other’s assets. This type of financial disclosure can be accomplished in a number of ways, including attaching a list of assets to the agreement, or requesting the creation of an in-depth report by a forensic accountant. When couples fail to take this step, courts may assume that at least one of the parties is attempting to defraud the other and will usually invalidate the agreement.
Time to Review the Agreement
When entering into a prenuptial agreement, both parties must be given sufficient time to review the contract and seek the assistance of an attorney. Although what qualifies as a sufficient amount of time varies depending on the circumstances, courts will generally look askance at agreements in which one party was only given hours or a matter of days to sign the contract.
Prenuptial agreements are only considered valid if they are signed by both parties, so couples who fail to properly execute their agreement in this way will almost always have their contracts invalidated by the court.
Call Our Fort Lauderdale Legal Team Today
If you are facing divorce and want to speak with a lawyer about setting aside an unfair prenuptial agreement, please call our office at 954-945-7591 to discuss your issue with dedicated Fort Lauderdale prenuptial and postnuptial agreement attorney Sandra Bonfiglio, P.A. today.