Can a Prenuptial Agreement be Overturned in Florida?

Prenuptial agreements might be recommended for anybody contemplating a marriage in Florida. They can even spell out the terms of a future divorce and avoid the burden and expense of litigation. You’ll want an experienced Florida prenuptial agreement lawyer to draft your agreement though. Florida is a party to the Uniform Premarital Agreement Act. Note though, that the act doesn’t determine the rights of either of the parties to it in the context of child support and custody.

Florida Prenuptial Agreements Are Voidable

The general rule is that once it’s entered into, a Florida prenuptial agreement isn’t modifiable. They can be challenged in a court of law though, in whole or in part on the grounds that might include duress, fraud, or perhaps the more frequently used reason, the failure to disclose assets.

Timing is Everything

In reviewing the validity of a Florida prenuptial agreement, the time that it was entered signed off on is critical. The closer to the wedding date, the less time that a party to the prenuptial agreement has to fully understand it. Duress might closely tie in with timing.

Non-Disclosure of Assets

The same as duress is tied with timing, fraud is tied with failure to disclose assets. If one party knowingly and intelligently hides significant assets from the other, that might be considered to be fraudulent, especially in light of the significance of the asset.

The Importance of Having an Attorney

 When dealing with any Florida prenuptial agreement, it’s important to review it with an attorney, so you have a complete understanding of all of its terms and conditions. The fact that you failed to review it with an attorney isn’t of itself a reason to seek to have it voided. You’re likely far better prepared to protect yourself in the future with a Florida prenuptial attorney’s input on the agreement. Such action requires the signed agreement of the parties though in accordance with Florida Statutes, Civil Practice and Procedure section 61.079.

After Signing the Agreement

Each of the parties to the agreement must provide information with which to make an informed decision about entering into it. The issue of alimony can be addressed in a prenuptial agreement.

After the parties have signed a prenuptial agreement, it can be revoked, abandoned or modified, but only with the written consent of the parties.

Contact a Tampa Divorce Lawyer.

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