Many couples create prenuptial agreements before they get married to protect their assets in case of divorce. If you and your spouse drafted one, you may not have given its terms a second though upon signing it. Yet, as you two prepare to divorce, you might now find that your agreement is unfair. Despite your frustrations, the document may remain binding. But in certain circumstances, your prenuptial agreement may be invalid.
Consider your role
Most couples create prenuptial agreements together. Yet, your spouse may have drafted yours alone. If they did, you may have signed it without reading it or reviewing its provisions with independent counsel. In either case, your spouse may not have given you time to do so. Furthermore, they may have pressured or coerced you to provide your signature. If you signed your agreement under force or duress – or without looking over its terms – it will become invalid.
Consider the agreement’s terms
When signing your prenuptial agreement, you may have agreed to terms that you would now find unacceptable. Some of these – like waiving your right to spousal support or certain assets – will not invalidate your agreement. Under Florida law, these provisions will hold up in most cases. Yet, your spouse may have convinced you to waive their child support obligation. And foregoing spousal support may force you to survive on government assistance. If your prenuptial agreement contains illegal or unconscionable clauses like these, a judge will invalidate it.
Consider the agreement’s accuracy
Prenuptial agreements require full disclosure by both parties signing them. Yet, your spouse may have failed to include certain assets in it. And even if they accounted for these assets, they might have undervalued them. If you can prove your spouse omitted or falsified information in your agreement, it may not hold up in a court of law.
In most cases, prenuptial agreements exist to protect both members of a couple. But if yours is lopsided, it’s crucial to protect yourself. An attorney with family law experience can help you understand your options for receiving a fair settlement.