Whether you’re drafting a prenuptial agreement now or going into a divorce with one in hand, you want to know everything about the legal process, including some of the reasons your prenup could be declared invalid and thrown out of court in Florida. Below are some of the biggest ones that experts have noted:
— You don’t have the prenup in writing. You can’t come in claiming you made a verbal agreement only.
— It wasn’t signed properly. Make sure you and your spouse sign the proper documentation before you get married.
— One of you felt pressure to sign it. This has to be something that you both entered into freely, of your own will, with no pressure from the other party.
— It wasn’t read. Sometimes, one spouse may ask the other to sign the paperwork without reading it, but a document that wasn’t read won’t hold up.
— There wasn’t enough time between the prenup and the wedding to let both people really consider it. Typically, you want the prenup in place weeks, if not months, before saying your vows.
— Information on the prenup is false. You can’t lie about anything, from your name to your assets.
— The prenup contains provisions that are illegal. For example, child custody and child support are supposed to be kept out of prenups.
— There is not enough information or the document is incomplete. A prenup is something that you need to take your time and do correctly, not something that should be hastily thrown together at the last minute, leaving important details out.
Source: FIndLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Jan. 26, 2016