Setting Aside A Prenuptial Agreement In Florida

A prenuptial agreement is a good way to help couples protect their assets in the event of divorce. This, however, is only true for prenuptial agreements that satisfy all of Florida’s conditions, meaning that they are legally binding. Agreements that are deemed involuntary, incomplete, or extremely unfair, for instance, can be invalidated and thrown out by a judge. A prenuptial agreement that has been voided by a court can leave couples in a precarious position when it comes to dividing assets or reaching a decision about alimony during divorce. One of the best ways to avoid this is to enter into an ironclad prenuptial agreement with the help of an experienced attorney.

Invalidating a Prenuptial Agreement 

Florida prenuptial agreements can be invalidated in a few different ways, namely by proving that:

• An agreement is fundamentally unfair to one party, as it doesn’t make sufficient financial provision for that person in the event of divorce;
• One of the spouses failed to make a full and honest financial disclosure of his or her assets to the other spouse prior to entering into the agreement;
• One of the parties didn’t have the opportunity to review the agreement or wasn’t represented by an attorney;
• The agreement wasn’t entered into voluntarily, in that one of the parties coerced the other into signing via threats or intimidation;
• The contract includes illegal conditions, like the elimination of the responsibility of one parent to pay monthly child support;
• The agreement wrongly waives one party’s right to receive alimony payments, or to receive an interest in marital earnings; or
• The contract was not in writing, wasn’t legally signed, or wasn’t properly witnessed and notarized.

Fortunately, it is possible to avoid these kinds of problems by entering into a legally binding and carefully worded prenuptial agreement with the help of an attorney.

What Happens Next?

If a court finds that a prenuptial agreement isn’t valid, either because it was unconscionable, the result of coercion, or improperly executed, it can respond in a couple of different ways. If, for instance, there is only one problematic provision in the contract, then a court can choose to strike that clause, invalidating that provision alone and leaving the rest of the contract intact. If, on the other hand, the entire agreement is unfair, or was illegally executed, then a judge can invalidate the whole agreement. In these cases, divorcing parties must proceed as though there was no prenuptial contract at all, which in turn can impact how marital assets are divided and whether one spouse is entitled to alimony payments.

Contact Us By Phone or Online Message 

If you and your soon-to-be spouse are considering entering into a prenuptial agreement, or you have concerns about the legality of your own premarital contract, call dedicated Fort Lauderdale prenuptial and postnuptial agreement lawyer Sandra Bonfiglio, P.A. for help. You can set up a free consultation by calling a member of our legal team at 954-945-7591 or by sending us an online message.

Sources: 

floridabar.org/the-florida-bar-journal/probable-problematic-pitfalls-in-preparing-prenuptial-agreements/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html