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.

The post Reasons Your Florida Prenuptial Agreement Might be Invalid appeared first on Miami Divorce Attorney.

In Florida, both parties must agree to the conditions of a prenuptial agreement for it to be enforceable by law. Most couples in a marriage don’t get such a contract if there are no assets at the beginning of the marital relationship. People with assets, including accumulated cash, investments, retirement plans, life insurance, and properties are likely to seek advice from a lawyer. The objective of the agreement is to protect those assets and inheritance prior to the union of marriage.

What is a Prenuptial Agreement?

The Statutes of Florida define a prenuptial or premarital agreement is an agreement (contract) between prospective spouses made before marriage. For it to be enforceable, it must be in writing and signed by both parties. The statutes on the matter are the Uniform Premarital Agreement Act for proceedings under the State Law Rules of Procedure. A prenuptial agreement lawyer Miami has legal knowledge pertaining to due process of premarital agreements to ensure protection in the event a marriage ends.

When Can a Party the Prenup is Against Challenge an Agreement?

A prenup can not be enforceable if a party the agreement is against can the prove the following;

• A party forced the other party to sign the agreement against his or her will.
• The falsified signing of a prenuptial agreement.
• The prenup was unconscionable when fulfilled.
• Unfair disclosure of financial obligations and properties of the other prospective spouse.
• No competent knowledge of properties and financial obligations of one party.
• The prenup agreement is a fraud or coerced.

Both parties entering a premarital agreement must be competent in signing and disclose outstanding debts they may have before the marriage. If a party has debt and owe taxes, the other party must know. The contract protects a future spouse from the obligations of liabilities belonging to the other party.

Assets Protected Under a Prenup

• Cash accumulated before the marriage.
• Children’s interest in a property from a previous marriage.
• Owned real estate properties, including houses, condominiums, land, and buildings.
• Ownership of life insurance policies.
• Homestead home.
• Financial support to a spouse in the event of a divorce.
• Intellectual property rights prior to marriage.
• Investments in stock, bonds, and commodities before marriage.
• Ownership of companies prior to marriage.
• Other properties, such as owned cars, trucks, vans, and mobile equipment.

The purpose of having a prenup before marriage is to protect a party’s assets and obligations of accumulated debts belonging to the other party. It should be in faith protecting both parties of liabilities and fraud. A party can never receive protection under a prenup to make child support decisions or custodial arrangements.

Contact a prenuptial agreement lawyer Miami today to learn what you can include in a premarital contract and what is illegal to include. The benefits include protection for children from previous marriages, your business, and inheritance. The agreement ensures both parties are marrying for the right reasons before taking that giant step.

The post What Assets Can a Florida Prenuptial Agreement Protect? appeared first on Miami Divorce Attorney.