Invalidating a Prenuptial Agreement
Love is an intense emotion that can prompt couples to make decisions that are not necessarily in their own best interests. This is a common scenario for many who decide to get married, and before doing so, enter into a prenuptial agreement, but then fail to read it closely or have an attorney review it. This lack of care can have devastating consequences at a later date if a couple decides to dissolve their marriage, at which point, it may be too late or impossible to invalidate the agreement. For help ensuring that you do not give up important concessions when you sign a prenuptial agreement, or for assistance contesting your own contract, please contact an experienced Fort Lauderdale prenuptial and postnuptial agreement attorney who can assist and advise you.
When Can a Prenuptial Agreement be Invalidated?
Under Florida law, courts are permitted to invalidate prenuptial agreements for a number of reasons, including the following:
- The agreement does not meet the state’s strict standards, in that it was not properly signed by both parties, or was not reduced to writing;
- The agreement is unconscionable, unreasonable, or unethical because it protected one spouse, but offered no concessions or protections to the other;
- One of the spouses was not given the opportunity to review the agreement before signing, but was instead asked to sign the agreement immediately prior to the wedding;
- One of the parties was not represented by an attorney during the drafting, negotiating, or review process;
- The agreement improperly waives one spouse’s right to receive alimony payments, an interest in a retirement plan or marital earnings, or a portion of the appreciation of separate property,
- The prenuptial contract includes illegal conditions or provisions, such as absolving one spouse’s responsibility to pay child support in the event of divorce;
- Coercion or duress played a role in one spouse’s signing of the contract; or
- One or both parties did not disclose all of their assets, income, liabilities, or net worth unless the right to such a disclosure was clearly waived.
When a court finds that one of these flaws exists in a prenuptial agreement, it has a couple of different options, one of which is to only strike the problematic provision or clause, but leave the remainder of the contract intact. Alternatively, the court could throw the entire agreement out and proceed as if no prenuptial agreement ever existed, which could have a significant impact on any alimony awards, as well as how marital property will be divided.
Contact a Dedicated Prenuptial and Postnuptial Agreement Attorney for Assistance
Sitting down with a dedicated prenuptial and postnuptial agreement attorney is one of the best approaches that a person who wants to file for divorce, but has a questionable prenuptial agreement, can take. To learn more about enforcing or invalidating your own agreement, please contact experienced Fort Lauderdale prenuptial and postnuptial agreement lawyer Sandra Bonfiglio, P.A. at 954-945-7591 today. You can also reach a member of our legal team via online message.
Resource:
forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#5a509b1d19a5
https://www.sandrabonfiglio.com/common-postnuptial-agreement-mistakes/
