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What happens to prenups with void marriages?

On Behalf of | Apr 22, 2017 | Prenuptial Agreements |

When it comes to marriage, divorce and prenuptial agreements, people often have an array of considerations to mull over. In Lee County, and cities over all of Florida, some couples may disagree over whether a prenuptial agreement is appropriate, while others may run into problems with the enforcement of a prenup once they have decided to split up. In some cases, prenups can also be affected by marriages that have been deemed void.

When a marriage has been deemed void, or invalid, a prenuptial agreement that was in place may still be enforced, according to the Florida Senate. However, the enforcement of a prenup under these conditions will only take place to avoid an unfair outcome. There are various reasons why a marriage may be considered void and if you or your partner are seeking an annulment, it is important to look into how your premarital contract could be impacted, if you signed one.

In addition to void marriages, there are also times when a prenup may be considered unenforceable and invalid. For example, an agreement that included unfair terms or a contract that was signed under pressure may be deemed unenforceable.

Whether you are uncertain about what will happen to your prenup because of a void marriage or are going through any other challenges related to this area of law, it is vital to carefully examine what any of your options are. Also, you should not forget that this post was written to provide general information and is not a substitute for legal recommendations.

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