Challenging A Florida Prenuptial Agreement
Along with the trend of later marriage, more and more couples are deciding to enter into prenuptial agreements. Prenuptial agreements can make the divorce process much simpler, but only if they were entered into correctly. A prenuptial agreement that doesn’t comply with the state’s requirements can be thrown out by the court and replaced with a different and more fair divorce settlement agreement, so if you have concerns about the legitimacy of your own prenuptial or postnuptial agreement, you should consider reaching out to an experienced Largo prenuptial and postnuptial agreement lawyer for advice.
The Terms of the Agreement Violate Florida Law
There are only a few reasons that a court will discard a preexisting prenuptial agreement. If, for instance, the terms of that contract violate state law, then that portion of the agreement, or even the entire contract, can be invalidated. Couples can, for example, address child custody in their prenuptial agreements. If, however, one of the parties violates Florida law by unfairly restricting visitation by the other parent, the court can invalidate that part of the agreement.
One Party Was Pressured into Signing the Contract
Prenuptial agreements are only valid if both parties enter into them voluntarily, so if a judge finds any evidence that one party was coerced into signing the agreement or did so under duress, he or she will likely deem the entire agreement null and void. What qualifies as evidence of duress will vary depending on the circumstances, but courts are generally wary of situations where the agreement was signed immediately prior to the wedding, or when one of the parties didn’t have legal advice.
The Provisions of the Agreement are Unfair
Another way to invalidate a prenuptial agreement is to prove that its conditions are grossly unfair to one party. For example, a provision stating that if one party is unfaithful during the marriage then he or she will get nothing in the event of a divorce, will usually not hold up in court. Again, courts will look for evidence of blanket exclusions in the agreement, as well as proof that a party didn’t have a chance to review the agreement or didn’t have legal representation.
The Parties Didn’t Disclose All Assets and Liabilities
Before signing a prenuptial agreement, both parties to the contract must provide full disclosure about their assets and debts. This is the only way to ensure that both people fully understand what kind of agreement they are entering into and what they stand to gain or lose if the marriage ends. If a court finds that one party failed to fully disclose his or her holdings, a judge will most likely invalidate the entire contract.
Do You Need Help Challenging a Prenuptial Agreement?
If you are getting divorced, but already have a prenuptial agreement in place, it could be possible to challenge that agreement. At Cairns Law, our dedicated attorneys are well-versed in what makes a prenuptial agreement valid and are prepared to challenge any unfair provisions in your own contract. Call us today at 727-683-1472 to set up an initial consultation.
