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Unconscionability: Invalidating your prenup

There are a number of reasons for a couple in Florida to sign a premarital agreement in Florida. One future spouse may have an existing business, both may already have significant assets or they may simply want to ensure that they start their financial life together on the right foot. Whatever the reason, it is important to ensure that it holds up in court if the marriage fails. According to FindLaw, one major mistake is creating an unconscionable agreement.

The point of the agreement is to ensure that things are fair, and many people are not willing to trust the courts to determine this as well as they can themselves. After all, it may not be fair for one person to have to divide a personal inheritance just because it has become marital property during the relationship. Regardless, a judge will still review the premarital contract. If he or she deems it offensively unfair, resulting in oppression to one party, it may be ruled unconscionable. 

The Huffington Post notes that an unconscionable contract is typically considered to be so because it would give the average person a shock to the conscience. It could also be seen as grossly unfair if it leaves one party destitute. For example, a person could agree to waive rights to spousal support in the contract, and then at the time of the divorce be left with no means of income. Rather than allowing a person to go on welfare, a judge will probably either rule the contract unenforceable or make changes to ensure support for that spouse. 

 

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