While no one enters into a marriage expecting it to end in divorce, there are a variety of reasons, such as significant wealth or debt, that lead couples to enter into a prenuptial agreement, commonly known as a “prenup” or premarital agreement. This type of agreement is meant to protect assets in the event of a divorce, but it is important to know that they are frequently challenged in Florida divorce court and can be overturned for a number of reasons.
Many people perceive prenuptial agreements as a legal enforcement of the adage, “what’s yours is yours, and what’s mine is mine.” Before you consider creating a prenup, make sure you know points of weakness that can void the entire premarital agreement in the future.
Reasons a Judge Can Overturn a Prenuptial Agreement
Many factors can lead to a judge overturning a prenuptial agreement. There are no specific rules that state what will overturn a prenup. There are some circumstances that must be in place first and foremost, however. Forgetting to complete these basic steps can case the prenuptial agreement to be overturned.
- Prenuptial agreements must be prepared and executed in writing to be valid. Word-of-mouth prenups do not hold any weight in divorce court.
- Neither person should be in a state of duress or under any pressure to sign the prenup. Any indication of coercion or lack of willingness can give way for a divorce judge to overturn the agreement.
- A written agreement should be reviewed by an experienced family law attorney prior to completion of the agreement.
- Premarital agreements must be signed in front of witnesses and must be notarized.
The information included in the premarital agreement is also crucial. Failing to fully disclose major assets can get the agreement overturned, as can providing fraudulent information or making false promises in the prenup. Additionally, the provisions of the prenup should not be egregiously lopsided, meaning one spouse is granted everything in the event of a divorce while the other leaves the marriage with absolutely nothing.
A prenup can also be overturned if one or both parties change their mind after initially signing the agreement. They may decide at that time to sign a new agreement suspending the prenup. Lastly, a divorce court judge may decide to overturn a prenup in the event of unforeseen circumstances where the health or physical condition of one of the spouses has changed dramatically since the agreement was signed.
Is a Prenup Valid After 10 Years?
Generally, prenuptial agreements last for the entire duration of the marriage. There are exceptions to this, especially if certain provisions exist that can expire. Examples of these provisions include
- spousal support duration
- credit card management
- investment management
Of course, if you and your spouse wish to put a duration in the agreement, it would become valid as long as both sides agree and it is deemed fair.
Why Hire an Attorney to Draft a Prenup?
With the availability of many online templates for legal documents, many people still wonder why they should hire an attorney to draft and manage the filing of their prenuptial agreement. Whether you are planning on moving into a prenuptial agreement or you are going through a divorce and curious about a previous one, we can help you.
As mentioned above, there are many reasons a prenuptial agreement can be overturned in divorce court, and mistakes are easy to make when filing important legal documents in addition to managing the plans for your big day. Additionally, filing for and living through the process of a divorce can be one of the most challenging times in a person’s life, full of emotion and other hardships.
Let us handle the legal battle so you can work on moving forward and building your new life. Get the help of a skilled attorney to review and fight your prenuptial agreement in court.
Contact our office today at (954) 626-8071 for a no-fee, no-obligation consultation.