Marital agreements are common in high-asset divorces. When one party challenges that agreement, it can become a central issue in the case, significantly impacting property division, alimony and finances.
While Florida law generally supports the enforceability of these agreements, especially when properly drafted, they aren’t always infallible. Courts look at multiple factors to determine whether marital agreements are enforceable. In this post, we’ll break down what makes a marital agreement valid and various grounds for challenging them. Our attorneys at the Law Offices of Forrest & Forrest, PLLC, have deep knowledge about this subject and excel at helping clients protect their interests in high-stakes divorce cases.
What makes a prenup or postnup valid in Florida?
Florida recognizes prenuptial agreements under the Uniform Premarital Agreement Act, codified in Florida Statute § 61.079. Postnuptial agreements, while not governed by a specific statute, are treated as contracts and must meet general contract law requirements.
To be enforceable, both types of agreements must:
- Be in writing and signed by both parties
- Be completely voluntary and free from duress or coercion
- Include a full disclosure of both parties’ assets and liabilities
- Not be unconscionable at the time of enforcement
Postnuptial agreements face stricter scrutiny because they’re signed after marriage, when spouses owe each other fiduciary duties. Courts expect full transparency and may invalidate agreements if one party didn’t fully understand the full financial picture.
Common reasons why courts invalidate marital agreements
Even well-intentioned marital agreements can be thrown out if they don’t meet Florida’s legal standards. Here are some common issues that can result in invalidation:
- Lack of financial disclosure: If one spouse hides assets or undervalues holdings, the agreement may be deemed invalid.
- Coercion or duress: Signing under pressure – especially close to the wedding date and without independent legal counsel – can raise red flags.
- Unconscionable terms: If the agreement leaves one spouse destitute or waives all rights to support without justification, courts may intervene.
- Improper execution: Agreements must be properly documented and signed. Sloppy paperwork can undermine enforceability.
Our lawyers understand how Florida courts evaluate marital agreements. They apply that knowledge to help clients challenge or defend these agreements from a position of strength.
Are prenups and postnups “bulletproof” in high-asset divorces?
Challenges to marital agreements are more common in high-net-worth marriages, simply because there’s more at stake and therefore more incentive to contest them during divorce. No agreement is truly bulletproof, but a well-drafted prenup or postnup can significantly reduce litigation risk.
Courts are more likely to uphold agreements that:
- Include a comprehensive inventory of assets and liabilities at the time of signing
- Are executed well in advance of the wedding (for prenups), avoiding last-minute pressure
- Avoid overly one-sided terms that could be deemed unconscionable
- Clearly define separate versus marital property
- Include specific provisions for alimony (spousal support) or waivers
- Address future contingencies like inheritances or business growth
- Reflect that both parties consulted with independent legal counsel
- Are updated or reaffirmed when major life changes occur (e.g., birth of children, significant financial shifts)
At the Law Offices of Forrest & Forrest, PLLC, we’ve helped countless clients structure marital agreements that stand up to scrutiny. We also have litigated these agreements extensively in the context of high-asset divorce cases. Our lawyers understand the unique nuances that arise in divorces involving contested marital agreements and work proactively to address them.
Why legal counsel matters – before and after signing
Prenuptial and postnuptial agreements can be powerful tools in high-asset marriages, but only if they’re done right. Given what’s at stake, it’s well worth the investment to secure experienced legal counsel. Our lawyers offer strategic guidance tailored to your financial position. We can make sure that your agreement reflects your goals, complies with Florida law and anticipates potential challenges. If you’re already facing divorce, we can assess the strength of your marital agreement and advocate for your interests in court. Contact us today at 954-859-1715 to learn more.