Prenuptial agreements (prenups) can provide clarity on asset division during a divorce. However, there are times when one spouse might want to challenge the validity or enforcement of a prenup in Florida. These legal agreements are not always ironclad, especially if proper procedures weren’t followed.
Grounds for Challenging a Prenup
Florida law allows a prenup to be challenged if one party can prove issues like fraud, coercion, duress, or that the agreement was signed without full disclosure of assets. Additionally, if the agreement is unconscionable or clearly unfair at the time of enforcement, the court may refuse to uphold parts—or all—of it.
Timing and the surrounding circumstances also matter. If the agreement was signed shortly before the wedding, under emotional pressure, or without enough time to consider the terms, it might be invalidated. Courts will also consider whether both parties had access to independent legal counsel, which can demonstrate that the agreement was entered into voluntarily and with a full understanding of its terms.
How to Challenge or Defend a Prenup
If you believe your prenup is unfair or was improperly signed, you can raise these issues during your divorce proceedings. You’ll need to present evidence—such as a lack of financial disclosure or proof of coercion—to support your claims.
If you’re trying to enforce the agreement, you should be prepared to show that it meets Florida’s legal standards. This could involve sharing documentation like financial records, written communications, or attorney correspondence that proves both parties acted knowingly and willingly.
These disputes can quickly become complex, especially if significant assets or businesses are involved. If you have a prenuptial agreement—or are considering one—consulting a Florida family law attorney can help you protect your rights and avoid costly legal surprises.
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