A prenuptial agreement in Florida can allow you to modify provisions of Florida divorce law to better fit your circumstances. A well-executed agreement will allow you to set forth the terms of the divorce, rather than a judge. With prenuptial agreements, the parties decide the distribution of assets and alimony, not the judge. For more information on what can and cannot be included in the Florida prenuptial agreement contact a divorce law firm in Tampa.
What a Prenuptial Agreement in Florida Can Include
Florida has adopted the Uniform Premarital Agreement Act, which expressly provides that parties may reach a binding contract on the following issues: (i) the parties’ rights and obligations concerning any assets and liabilities; (ii) the right to buy, sell, use, transfer, or dispose of property; (iii) the distribution of property upon separation, dissolution, death, or other event; (iv) the right to alimony; (v) the making of a will or trust; and (vi) the disposition of life insurance proceeds. There may be additional preclusions as well, and you should contact a divorce lawyer in Tampa for specific advice about your prenuptial agreement in Florida.
Challenging a Prenuptial Agreement in Florida
A valid prenuptial agreement in Florida is a legally enforceable contract; however, it can be challenged and voided in a court of law. A prenuptial agreement in Florida may be voided in its entirety or just specific provisions of the agreement. Grounds to void an agreement can include, duress, coercion, failure to disclose assets or fraud. It is important that both parties hire their own divorce attorney when entering into a prenuptial agreement. Failure to hire your own attorney may not be sufficient to void an agreement. It is important to seek counsel to be fully advised on what you may be subject to as part of the prenuptial agreement. Once a prenuptial is fully executed it may be binding and nonmodifiable, you should proceed with care.
Evidence to Void a Prenuptial Agreement
A court does not have authority to void a prenuptial agreement in Florida simply because it’s an unfair deal. See Castro v. Castro & Kuchera v. Kuchera. An agreement cannot be voided solely because in hindsight, it represents a bad deal for the spouse. However, an agreement that is unfair on its face will create a presumption that there was not full disclosure.
Usually, the party seeking to enforce the agreement will then have the burden of proving full disclosure was provided to the spouse challenging the agreement. If the presumption is not rebuffed by evidence, the prenuptial agreement may be voided in its entirety or limited to specific provisions. However, if there is sufficient evidence to refute the presumption of lack of disclosure, the agreement will be enforceable, regardless of how unfair the terms of the agreement are. Thus, it is highly recommended you retain a Tampa divorce lawyer to assist with preparing the prenuptial agreement in Florida to make sure it will hold up to judicial scrutiny.
Tampa Divorce Law Firm
Regardless, if you are trying to enforce a prenuptial agreement or void an agreement, Florida Law Advisers, P.A. can help. Our divorce lawyers in Tampa have years of experience in drafting and challenging prenuptial agreements in Florida. Every case is different, and our vast experience allows us to cater our services to a client’s individual needs. To speak with a Tampa divorce lawyer at our firm call us today at 800 990 7763.