Conditions That Would Nullify a Prenuptial Agreement in Florida

Prenuptial agreements are commonly used in Florida to help protect the interests of both spouses in the event of a divorce. These agreements are legally binding in most cases, assuming they meet all the legal requirements. This means that a judge will usually uphold the agreement and hold both parties to the provisions contained inside.

However, there are some things that can cause a prenuptial agreement to be invalidated. If the agreement is nullified, then property division, spousal support, and other issues may have to be settled through the normal divorce process. Dive into all the details below to learn more about conditions that can nullify a prenuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract that parties may enter into before marriage. This agreement specifies how things will be handled in the event of a divorce. The agreement may address items such as the splitting of assets and debts, spousal support, and other common issues that arise during a divorce.

These agreements are often used when one party has substantially more wealth than the other in an effort to protect their finances. It allows both parties to better prepare for their future by understanding how things will be handled in the event that a divorce occurs.

What Makes a Prenuptial Agreement Invalid?

Florida generally upholds prenuptial agreements as long as they meet all the legal requirements. However, there are some things that can cause a court to overturn a prenup.

Lack of Full Disclosure

One key to a valid prenuptial agreement is that each party must fully and honestly disclose their financial position. This includes disclosing all assets, debts, and other financial information. If one party hid assets or debts from the other, this could give the court a reason to overturn the prenup and make it invalid.

Not Voluntarily Signed

If you can show that you only signed the agreement because of fraud, duress, or coercion, you have a strong case for invalidating the agreement. These agreements must be signed voluntarily by both parties. For instance, if your spouse threatened you the morning of your wedding with a prenup, then you may have signed it under duress.

Unconscionability

If the terms of the agreement are completely unfair or one-sided, the courts may decide to overturn it. Unconscionable agreements are usually not enforceable, and prenuptial agreements are no different. For instance, if the terms would leave one spouse in financial ruin while the other spouse got everything, then the agreement would likely not be enforced.

Errors in Execution

Florida law requires that prenuptial agreements be in writing and signed by both parties. If a signature is missing or the parties claim there was a verbal agreement, then this can present problems. Failure to properly draft and execute the agreement can make it null and void.

Significant Change in Circumstances

Courts might decide to nullify an agreement if there has been a significant change in your circumstances since the agreement was executed. For example, perhaps one party has suffered a serious disease or disability since the agreement was signed. If this change would result in an undue hardship being placed on one spouse, the agreement might not be upheld.

How Can I Challenge a Prenuptial Agreement in Florida?

If you believe your prenuptial agreement is not valid, you may be able to challenge it in court. The first step is usually to talk to an experienced divorce lawyer who can help you through the process. 

Generally, you will need to:

  • File a petition with the court to invalidate the agreement
  • Gather evidence that supports your claim that the agreement is invalid
  • Attend a hearing before a judge to present your evidence
  • Negotiate a settlement with the opposing side

In some cases, the court may find that certain provisions of the agreement are invalid while others remain intact. When that happens, you might be able to negotiate a settlement that works for both you and your spouse. Remember that prenuptial agreements can be a great way to protect yourself and your interests. However, they are not always ironclad documents.

Contact McMichen, Cinami & Demps for a Free Consultation 

While prenuptial agreements can provide valuable protection and clarity in a marriage, they are not immune to legal scrutiny. Florida courts will uphold these agreements only if they are entered into voluntarily, executed properly, and based on full financial disclosure. 

If you’re concerned about the validity of your prenup or believe it no longer reflects your current circumstances, consult an experienced Florida family law attorney. McMichen, Cinami & Demps offers free consultations. Reach out now to learn more about your rights and legal options. 

Contact the experienced Orlando family lawyer at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803