When Can You Contest A Prenuptial Agreement In Florida?
A “prenuptial agreement”, commonly known as a “prenup”, is an agreement that contains instructions on how assets and debts will be divided between spouses during a divorce. A Florida prenuptial agreement can also cover the issue of alimony. Most prenuptial agreements are valid. However, some prenuptial agreements are entered into improperly, which can negatively affect your ability to enforcement in the event of a divorce.
A prenuptial agreement that was entered into incorrectly can be challenged. If you and your spouse entered into a prenuptial agreement before your marriage, and you are concerned about the legitimacy of the agreement, it is best that you talk to a qualified attorney. An experienced attorney can help you determine whether your prenuptial agreement is valid. An attorney can help you determine if you have grounds to challenge the legitimacy of your prenuptial agreement.
So, when can you contest a prenuptial agreement in Florida?
Below are some of the grounds for contesting a prenuptial agreement in Florida.
You Were Pressured Into Signing the Agreement
A Florida prenuptial agreement is only valid if both parties voluntarily agreed to it. If your partner pressured you to enter into the agreement, you can challenge the agreement in court. If you can prove that your partner coerced you into signing the prenuptial agreement, the Court will likely deem it void (meaning the Court will act as if it does not exist). However, it may be very challenging to prove that you were pressured to sign a prenuptial agreement. But it is not impossible.
The Agreement Was a Result of Fraud
“Fraud” can happen at any time. For instance, when one party lies to the other about their assets to the other, and the other party relied on that lie when deciding whether or not to sign the prenuptial agreement. If your spouse misrepresented their assets to you before you entered into the prenuptial agreement, you can challenge the agreement in court.
However, it is important to note that if you knowingly waived your right to full disclosure, you may not be able to challenge your prenuptial agreement on this ground.
The Agreement Contains Unfair Provisions
If you believe the provisions of your prenuptial agreement are unfair, you can challenge them in court. For example, if your prenuptial agreement contains a provision that you will not get anything in the event of a divorce if you are unfaithful, you can challenge the agreement in court.
However, you may only be able to challenge your prenuptial agreement on this ground if you;
- were not involved during the drafting of the agreement,
- did not have an opportunity to review the agreement before signing it, or
- did not have legal representation during the signing of the agreement.
The Agreement Includes Unenforceable Provisions
In Florida, a prenup will be deemed invalid if it contains certain provisions. For example, a Florida prenuptial agreement cannot determine child support. In Florida, child support is usually calculated at the time of the parent’s divorce depending on the child’s current needs and parents’ current ability to pay.
The Terms of Your Prenuptial Agreement Violate or Contradict Florida Law
If your Florida prenuptial agreement violates or contradicts state law, a judge may deem the section of the agreement that violates or contradicts state law or even the whole agreement void.
Contact Us for Legal Help
If you are concerned about the legitimacy of your Florida prenuptial agreement, contact a Fort Lauderdale prenuptial agreement attorney at Joyce A. Julian, P.A., for guidance.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html#:~:text=(1)%20In%20a%20proceeding%20for,of%20these%20forms%20of%20alimony
