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Will Your Prenuptial Agreement Hold Up in a Florida Court?

Will Your Prenuptial Agreement Hold Up in a Florida Court?

Will Your Prenuptial Agreement Hold Up in a Florida Court?

Obtaining a prenuptial agreement is a lot like an insurance policy – you hope that you will never need one, but it’s a lot better to have a prenup in place and not need it than not have one in place and find yourself in a complicated divorce.  Similar to insurance, merely having a prenup in place doesn’t mean that everything will go smoothly or that it will be easy to enforce your agreement.  Of course, not only should you have an agreement in place, but it’s also important that you know what you need to do in order to see that your prenuptial agreement is actually enforceable under Florida law. Below, we list a few reasons why a prenup may not be enforced by a Florida family court:

1. Undisclosed Assets

When you first signed your prenuptial agreement, you and your spouse were supposed to disclose all of your assets and be transparent about your financial situation.  If you haven’t been completely honest about your finances or holding, a judge will likely throw out your prenup.  On the other hand, if your spouse hasn’t been honest in disclosing financial information, that may aid your cause.

2. Fair Signing Conditions

You should have had a lawyer help you draft and explain fully the terms of your prenup prior to your marriage and the signing. Prenups must be fully understood by both parties, and a period of time must be given between when a prenup is introduced and when it’s signed.  If your spouse is able to show that you pressured them into signing a prenup or otherwise were unfair in your representation of what your prenup would mean or do, your agreement may not stand up in court.

3. Poverty Conditions

If enforcing a prenuptial agreement in Florida will push either party into poverty or extremely unfavorable conditions, a court usually won’t do so.  If your former spouse is being uncooperative but can prove that complying with your prenup would make them a burden on the state or force them to sacrifice food and shelter, courts will usually take pity and throw out the parts of a prenup that would cause extreme hardship in either party.

These are just a few of the problems that may arise in the drafting of a prenuptial agreement. An experienced family law attorney’s draft and execution of the signing of the prenuptial agreement will help to ensure that the agreement is in compliance with Florida law, so as not to raise the issues outlined above.

If you have any questions about these issues, or about prenuptial agreements in general – feel free to give us a call.