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Reasons Your Florida Prenuptial Agreement Might be Invalid
A prenuptial agreement, also known as a premarital agreement, is an agreement made between prospective spouses in anticipation of marriage. It becomes effective at the time of the marriage, and once signed, cannot be changed except by written consent from both parties. Prenuptial agreements are typically relevant to property rights and ownership, the specificities of spousal support, the disposition of a will or trust, or the disposition of a life insurance policy. A prenuptial agreement may include other agreements between spouses, in accordance with the law. This article will discuss ways in which Florida prenuptial agreements may be considered invalid in a court of law.
Reasons Why the Prenuptial Agreement is Invalid
A prenuptial agreement is invalid if it denies a child the right to support. A prenuptial agreement will also be considered invalid if the marriage itself is determined to be void. In the event of a void marriage, any provisions of a prenuptial agreement will only be considered insofar as to avoid an inequitable result, as determined by the court.
A prenuptial agreement may also be considered invalid if the agreement is determined to have been entered into involuntarily. It may also be considered invalid if the agreement is determined to be the product of fraud, duress, coercion, or overreaching. Florida law also states that if a prenuptial agreement is found to be unconscionable in any way, it will be considered invalid.
Disclosure is essential to the validity of a prenuptial agreement. If a prenuptial agreement is entered without adequate disclosure of the property and financial obligations of both parties, it may be considered invalid. Alternatively, the prenuptial agreement may contain a waiver of this right to disclosure. Prenuptial agreements are expected to be thorough, as inadequate knowledge of property and financial obligations by either party can render the agreement invalid. In summary, a lack of financial disclosure, a lack of waiver to financial disclosure, or a lack of thoroughness regarding property and financial obligations, can all cause a prenuptial agreement to be considered invalid.
After the Divorce
Legal entitlement to spousal support can be modified or eliminated in a prenuptial agreement. However, if it is determined that a spouse, after separation or end of a marriage, will become eligible for public assistance due to a prenuptial agreement, then the agreement may be considered invalid. Florida law states that the other party may be required to provide support in order to prevent any eligibility for public assistance.
As Florida law stipulates many ways by which a prenuptial agreement may be rendered invalid, we highly recommend contacting a Miami Prenuptial Agreement Lawyer.