While not all Florida couples decide to discuss what should happen to their personal assets prior to getting married, others make the point to have a prenuptial agreement drafted and signed. Prenuptial agreements can keep certain assets safe in the event that the couple later decides to get a divorce. However, certain things can render a prenuptial agreement invalid.
One of the biggest mistakes that couples can make is to not have the agreement written out. Premarital agreements that are based solely on spoken agreement cannot be enforced. Likewise, if the agreement was not signed prior to the marriage, the agreement may also not be valid or enforceable. Additionally, if a person was pressured into signing a premarital agreement, was not given enough time to read the document or was not given time to consider the terms, the agreement may not be enforceable.
Even if the person has the time to consider the agreement before signing, the agreement could still be considered invalid if the document contains invalid provisions, false information and even incomplete information. For example, any clauses that are illegal in California will not be enforceable should the couple decide to get a divorce later on. Finally, if a judge decides that the terms of the agreement are grossly unfair, even if the terms are valid, the agreement may not be enforced.
Many couples believe that protecting their assets is incredibly important in the event that they get a divorce. A family law attorney may help one-person review a premarital agreement draft prior to having the person sign it in order to help ensure that the proposed terms are valid and fair.