A prenuptial agreement is a legal contract that defines what a married couple will receive in case of a divorce. In Florida, the Uniform Prenuptial Agreement Act (UPAA), adopted in 2007, governs prenuptial contracts.
Couples enter into a prenuptial agreement prior to marriage to protect their assets. The contractual agreement specifies how property, assets and debt will be divided between the two partners in the event of a divorce. This contract can also protect the inheritance rights of children from a previous marriage.
Prenuptial agreements can be challenged in court in certain situations. In this blog post, you will learn about the circumstances for when you can challenge a prenuptial agreement in Florida.
Challenging a Prenuptial Agreement in Florida
A prenuptial contract is a legally binding contract. But if fraud or undue influence was a reason for entering into the contract, you can challenge it in court. Florida courts may void a prenup. But you have to prove that there is a valid reason for it to be void.
1. Terms of the Prenuptial Agreement Violate State Laws
The terms of the prenuptial contract must not contradict state laws. A judge may void the contract if the provisions regarding child custody restrictions, visitation rights, or other matters violate state laws. In this case, the prenuptial contract will not hold in court.
2. The Prenuptial Agreement was Signed Under Pressure
A partner can challenge a prenup contract if signed under stress. A partner may attempt to force the other partner into signing the contract. The partner may use threats that could be physical or financial in nature. Again, this will also void the contract.
A contract is valid if all partners willingly enter into the prenup contract. There must be no compulsion. The use of threat will void the contract.
3. Unfair Prenuptial Agreement Provisions
You can also challenge a prenup contract if you believe that the provisions were grossly unfair. The specific provisions of the contract should be reasonable. No provisions should be unfair as per the state laws.
Examples of unreasonable provision include no claim to assets in case of infidelity. In this case, the prenuptial contract is an unconscionable contract that will not hold up in court. The contract will not be considered valid.
4. Full Disclosure of Assets and Liabilities Was Not Made
It is necessary for both parties to fully disclose their assets and debt before signing the contract. The partner who waives the right of the other partner to full disclosure should do so knowingly.
A partner must fully disclose their assets unless there is a waiver for disclosure. If a partner withholds information about some assets, the prenuptial contract will be void.
If you want to challenge a prenuptial agreement in Florida, contact an experienced family law attorney.
Boyer Law Firm, P.L.’s family law attorneys offer expert advice to individuals in Florida and New York. Using our secure contact form, message us for a free case evaluation.