Escaping An Unfair Prenuptial Agreement

Prenuptial agreements, while relatively rare in prior decades, have recently become increasingly common in Florida and across the U.S. as one of the best ways to protect the parties’ pre-marriage financial holdings. This, however, is only true when the agreement entered into by the parties is legally enforceable, which means that it fulfills certain requirements. Those that don’t comply with state standards could end up being deemed invalid and unenforceable by the courts. Read on to learn more about the reasons why a judge might decide to throw out a Florida prenuptial agreement.

Evidence of Fraud 

One way to get a prenuptial agreement thrown out is to prove that one spouse committed fraud when entering into the contract. Usually, this takes the form of a material misrepresentation during the course of negotiation, like a misstatement of one party’s net worth in an effort to convince the other party to sign the agreement as-is, without amendment. Such a misrepresentation could also be used to convince the other party to agree to a term that is unfair. If such evidence is found, a judge could either rule that the specific unfair term is unenforceable, or if the fraud affected the entire agreement, that the whole contract is unenforceable.

Evidence of Coercion 

Prenuptial agreements can also be deemed unenforceable by Florida courts if there is evidence that one spouse only agreed to the terms of the contract because he or she was coerced into doing so, or lacked sufficient mental capacity to enter into the agreement. A person who was threatened into signing, or who was under the influence, for instance, could use those circumstances to have the agreement invalidated.

Evidence of a Lack of Legal Representation 

Under Florida law, couples entering into a prenuptial agreement must have access to legal advice. If there is proof that one spouse purposely deprived the other of the chance to obtain advice from a different attorney, that action is usually deemed sufficient to persuade a court to invalidate the agreement, as it shows a lack of knowledge and openness that are required when entering into a legal contract.

Evidence of Unconscionability 

Courts will never enforce a prenuptial agreement that is inherently and consistently unfair to one party, so if there is evidence of unfair or unconscionable provisions in a prenup, the court will typically refuse to enforce it. Demanding that a party give up a spousal right to alimony, for instance, is often deemed unconscionable, especially if the divorce would leave one party financially destitute. Agreements that are grossly one-sided, or that contain unethical demands or illegal mandates are considered unconscionable.

Evidence of a Failure to Observe Formalities 

Florida also has specific rules about how prenuptial agreements must be written. They must, for instance, be in writing, signed, and notarized before the marriage occurs. If any of these conditions are violated, the entire agreement will be deemed invalid and unenforceable.

Call Sandra Bonfiglio, P.A. for Legal Assistance 

Proving that a prenuptial agreement is invalid and unenforceable is complicated and requires an understanding of complex legal nuances. Such an endeavor should not be undertaken alone. Call Florida prenuptial and postnuptial agreement attorney Sandra Bonfiglio, P.A. for a review of your own agreement and its enforceability. You can set up an initial case review by calling 954-945-7591 or by sending our legal team an online message.

Sources: 

forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/?sh=6652107519a5

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html