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When can you challenge a prenuptial agreement in Florida?

On Behalf of | Mar 1, 2022 | Divorce |

When love is in the air and you are counting down to your big day, there is absolutely nothing romantic about sitting down with your fiancé to discuss the possibility of your marriage breaking down. However, divorce happens. This is why more and more couples are embracing the concept of signing prenuptial agreements before tying the knot.

A prenuptial agreement, simply known as the prenup, is a legal contract between a soon-to-marry couple that outlines how personal and marital property will be handled should the marriage end in a divorce. Done right, a prenuptial agreement can help both parties start their marriage off with transparency. However, not every prenuptial agreement is valid.

Here are reasons why you can contest a prenuptial agreement in Florida.

You did not sign the agreement voluntarily

Like with any other contract, a prenuptial agreement must be entered into voluntarily by both parties. A prenup will be rendered invalid if one party was threatened, tricked or coerced into signing it. The same applies when one party signed the document while intoxicated, mentally ill or lacked the mental capacity to understand what they were appending their signature to.

The agreement was fraudulent

A prenuptial agreement can be successfully contested if it contains fraudulent provisions. For instance, both parties must make full disclosures of their assets and debts at the time of creating the document. If you discover down the road that your spouse lied about (or withheld information concerning) their assets or debts, then you can successfully contest the entire agreement.

The agreement includes unenforceable provisions

Family law in Florida will automatically throw out certain provisions if they are included in your prenup. For instance, you cannot include statutory arrangements such as child custody terms, child support and spousal support. These matters can only be determined by the court should the marriage end in divorce. Additionally, a prenup cannot contain provisions that relate to both parties’ personal lives such as the spouses’ physical appearances or sexual needs.

A prenuptial agreement can be an important safety net for a couple that is working towards marriage. Find out how you can create a valid prenup document before getting married.