Most couples that get married rarely picture the relationship coming to an end. Unfortunately, divorce can and does occur, making prenuptial agreements a valuable tool to protect either or both party's assets. However, there are occasions when a prenuptial agreement might be deemed invalid due to a range of reasons.
If you are contemplating a marriage or a divorce and want prenup protection, here are some reasons a Florida court could find your agreement invalid.
-- The prenup is not in writing: For a prenuptial agreement to be valid, it must be a written document, witnessed by outside parties-- At least one party provided false information: The inclusion of untruthful information or even incomplete information will render a prenuptial agreement invalid-- Pressure, duress or coercion: If one party forces the other to sign a prenuptial agreement, regardless of whom the document most benefits, it will be invalid-- The prenup was not read: If one or the other spouse does not read the prenuptial agreement, it is possible the document could be challenged-- Improper execution: To be valid, the agreement must be read and signed by both parties before the marriage occurs-- Gross unfairness: While a prenuptial agreement gives the couple a great deal of flexibility in how they establish financial rights, the court may decide not to enforce the prenup if it is grossly unfair to one of the parties
In most cases, the point of a prenuptial agreement is to find a fair way to establish the financial aspects of a new couple's life together. However, occasionally disputes do occur and prenuptial agreements are found to be invalid. To prevent this from happening, it is best to work with a seasoned divorce attorney when creating any legally binding document.
Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed July 15, 2015