Getting Divorced in Florida with a Prenup in Place

There are several different names for a Florida prenuptial agreement. The most commonly used is premarital agreement. They are all contracts that a couple signs off on before they get married, and before any divorce. The general rule is that a court is going to enforce a prenuptial agreement unless there was fraud or failure to make a disclosure in the agreement that was fair and reasonable.

Fraud

The legal concept of fraud involves an intentional misrepresentation. It’s almost always in the context of the assets or debts of one party to the marriage, in order to get the other party to sign the premarital agreement.

Failing to Make a Fair and Reasonable Disclosure

Another reason why a premarital agreement might be declared null and void is the failure of one party to give the other party a fair and reasonable disclosure of his or her assets and debts. Two examples might be failing to disclose a loan for a business or even failing to disclose the business itself.

Uniform Premarital Agreement Act

Florida has adopted the Uniform Premarital Agreement Act at Florida Statutes 61.079 of the Dissolution of Marriage; Support; and Time Sharing Act. It expressly permits the parties to reach a binding agreement on many issues that arise in a divorce proceeding, including the following:

• The rights and duties of the parties with regard to any assets and liabilities.
• Any right to buy, sell, transfer, encumber or otherwise dispose of property.
• How property will be distributed upon the occurrence of certain events like dissolution of the marriage or death.
• The right to make or amend a will or trust.
• How life insurance proceeds will be distributed.

Grounds for Voiding Premarital Agreements

Although not an easy task, a premarital agreement is voidable if the agreement is found to have defects. It’s initially considered valid and enforceable, but it can be rejected by a party to it if it’s determined to be unenforceable. Some examples of grounds to void a contract follow:

• Lack of voluntariness. A gun to the head or bribery might be sufficient grounds.
• Duress or an undue influence being exerted.
• Legal incapacity to enter into an agreement.
• Coercion, perhaps by postponing or even cancelling the wedding.
• Overreaching by acting in a way that would be unconscionable to a reasonable person.
• The terms of the agreement are clearly unreasonable.

The Uniform Premarital Agreement Act was drafted by the National Conference of Commissioners on State Laws in 1983, for purposes of promoting uniformity and predictability of state laws in an increasingly mobile society. Its purpose is to ensure that a premarital agreement is valid and enforceable. If you would like a valid and enforceable premarital agreement in the State of Florida, the most logical way of creating one is to work with a law firm that will draft such an agreement in a manner that is consistent with the intent of the act.

Contact a Tampa Family Lawyer.

If you’re in a situation where you’d like a premarital agreement, or you’re presented with a premarital agreement by your fiancé, arrange for an appointment with a knowledgeable and experienced premarital agreement attorney for a review of it. A quality attorney will determine its fairness and make certain that you completely understand what you are signing. You’re far better safe than sorry. Visit our Family Law practice area page today for more information here: https://www.getserious.com/family-law/