As up to 50% of all marriages in the United States end in divorce, signing a prenuptial agreement – also known as a prenup – is definitely not a bad idea. However, having a prenup is no guarantee that your funds and assets will be protected in the event of a divorce. Some prenuptial agreements can be invalid in Florida.
If you are planning to draft a prenup, do not do it yourself to avoid the risk of your prenuptial agreement being voided by a Florida court. You need legal assistance from a skilled Florida prenuptial agreement attorney to help you draft a valid and enforceable prenup that will set forth financial expectations for both parties.
Meanwhile, let’s review the common reasons why Florida courts might invalidate a prenuptial agreement.
1. Undisclosed Assets and Income
In Florida, if you hide the existence of certain assets and income from your spouse and fail to disclose them on your prenuptial agreement, the prenup can be nullified by a Florida court simply because it contains false information regarding your assets.
It is vital for both parties to disclose everything they own when drafting a prenuptial agreement. Speak with a knowledgeable property division attorney if you believe that your partner, fiancé, or spouse is hiding assets or income from you.
2. Improperly Executed Prenup
One of the biggest risks you face when drafting a prenuptial agreement on your own is having a prenup that is not properly executed. Florida courts recognize prenups that are in writing and signed before the wedding. Thus, if your prenup is an oral agreement or it was signed after the wedding, it is not properly executed and would not be deemed valid by a judge.
Also, Florida law requires that you sign a prenuptial agreement in the presence of two witnesses and a notary if the prenup contains real estate holdings. Signing a prenup before a notary and two witnesses would prevent the other party from saying that their signature was forged or that they signed under duress.
3. Prenup Signed Under Duress or Fraud
If a prenuptial agreement is made under fraudulent pretenses, is based on fraud, or was signed under duress, the prenup will be considered invalid. Also, if one party was under the influence of alcohol or drugs when signing the prenup, they may argue that they lacked mental capacity.
Duress is one of the most common reasons why people seek to invalidate their prenups. However, duress is also difficult to prove. Being represented by a prenuptial agreement attorney as well as signing a prenup in the presence of two witnesses and a notary can prevent claims that the agreement was signed under duress of fraud.
4. Prenup is Unfair or Contains Illegal Provisions
A prenuptial agreement cannot be unreasonably unfair or contain any provisions that violate federal or state laws. Otherwise, the prenup will be deemed invalid. Florida courts do not recognize unconscionable prenuptial agreement, nor do they recognize prenups that contain illegal provisions.
5. Prenup Contains Invalid Family Law Provisions
The main purpose of prenuptial agreements is to regulate asset distribution and alimony between the parties. Meanwhile, a prenup cannot contain any provisions related to child support or child custody. If you have any child support or custody arrangements in your prenuptial agreement, parts of your prenup will be voided.
6. Clerical Errors
Finally, a prenuptial agreement can contain clerical errors. A prenup with any clerical errors will be thrown out by the court. You can avoid any clerical errors and ensure that your prenup is drafted properly and in compliance with all Florida laws by consulting with an experienced prenuptial agreement attorney. Contact our lawyers at Lewert Law, LLC, to schedule a consultation. Call at (561) 810-2172 to receive a consultation.
