Challenging a Prenuptial Agreement in Divorce: Florida Grounds and Tips

Prenuptial agreements, commonly called ‘prenups,’ are legally binding contracts that couples sign before they get married. These documents outline the financial responsibilities of each party and how assets will be divided in case of divorce. Prenups can offer a great sense of security and protection. However, they can also be challenged and contested. Below, our Florida prenuptial agreement attorney explains the grounds for contesting these documents, and tips to follow.

What are the Grounds for Challenging a Prenuptial Agreement in Florida?

There are many grounds for challenging a prenup in Florida. They include:

• Agreement was signed involuntarily: In order to be valid, prenups in Florida must be signed voluntarily. If either party can prove that they were forced, misled, or coerced into signing the agreement, the court may strike down the agreement.
• Failing to disclose assets: When drafting a prenup in Florida, both sides must also provide full financial disclosure of all property, liabilities, and income. This is to ensure both parties understand the financial implications of the agreement. If full disclosure was not provided, a court may deem the document invalid.
• Unconscionable: Prenups in Florida do not have to be perfectly equal, but they must be fair. If a judge finds that a contract would leave one party in a significantly disadvantaged position after divorce, they may strike it down.
• Improper execution: Like all contracts in Florida, there are certain rules prenups must adhere to. Prenups must be in writing, signed by both parties, and drafted before the wedding takes place. If a prenup does not meet any of these requirements, it can be deemed invalid.
• Fraud or duress: Evidence of undue influence, duress, or fraud during the creation of the agreement can also provide grounds for challenging the document.

How to Challenge a Prenup in Florida

There are a few steps involved when challenging a prenup in Florida. They are as follows:

• Contact a Florida prenuptial agreement attorney: You are not required to work with an attorney when challenging a prenup. However, a lawyer can review your case, determine if you have grounds to challenge the contract, and guide you through the process.
• File the petition: Challenging a prenup starts with filing the petition with the court.
• Your attorney can assist in preparing the petition, ensuring it is correctly filed and your claims are accurately stated.
• Collect evidence: You will need strong evidence to prove that a prenup is invalid. Evidence can include communication records such as texts and emails, financial documents, and witness testimony.
• Attend the court hearing: You will have to attend a court hearing to present your case. A lawyer is an invaluable resource at this point, as they will be familiar with the procedural rules and create a strong argument for your case.

Our Prenuptial Agreement Attorney in Florida Can Help

Challenging a prenup can be a complicated process and it requires legal expertise. At Florida Law Advisers, P.A., our Florida prenuptial agreement attorney can help you throughout the process and give you the best chance of a favorable outcome. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

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