If you signed a prenuptial agreement before your marriage and are now seeking a divorce, you may be concerned about how your prenuptial agreement will affect your divorce. Because the agreement was created prior to your marriage, it may no longer reflect your current situation. Our prenuptial agreements attorney at The Law Offices of Jonny Kousa, P.L. shares if prenuptial agreements are enforceable in Florida.
Enforcement of a Prenuptial Agreement
In a Florida divorce, if a couple has a prenuptial agreement, those terms will be the default terms for the divorce. If something is not covered in the prenuptial agreement, then the state standard for that divorce issue will be followed for the couple’s divorce.
Requirements for Enforcement
If you want to ensure that you have a valid prenuptial agreement, or if you want to challenge a prenuptial agreement in court, you should meet with your divorce attorney and review the prenuptial agreement with them. They can help you determine if your prenuptial agreement is invalid and discuss your course of action for your divorce.
If you signed the prenuptial agreement or entered your marriage under duress, you can file for your prenuptial agreement to be declared invalid by the courts. Your attorney will help you compile evidence for this filing and prepare for your court hearing.
What If My Prenup is Invalid?
If your prenuptial agreement is declared invalid, you will need to follow Florida’s guidelines for the division of property and spousal support in your divorce. Your divorce attorney can review state guidelines regarding spousal support, and the division of property with you as you begin the process of your divorce without the prenuptial agreement.
Coconut Creek Divorce Attorney
At The Law Offices of Jonny Kousa, P.L., our divorce attorney understands the importance of being entirely sure a prenuptial agreement is valid before enforcement. We can help you review your prenuptial agreement to identify if it is valid in the eyes of the court and prepare for the next steps in your divorce.
Are you divorcing and have a prenuptial agreement? Get started on scheduling a consultation with our attorney by calling (954) 626-8071 or contacting us online.