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Fort Myers Florida Family Law Legal Blog

Your prenup may be invalid if it contains these flaws

On Behalf of | Jul 5, 2022 | Prenuptial Agreements |

If you or your fiancé are coming into your marriage with significant assets, it is important to protect these assets should you divorce. If you divorce in Florida, any marital assets will be divided between you two and it is possible that your spouse could receive a significant portion of what you earned or obtained while married.

To protect the assets that you want to remain separate from your marital estate and thus will not be subject to property division if you divorce, you can execute a prenuptial agreement. It is important to follow all Florida laws on prenups, or your prenup may be unenforceable.

Involuntary agreements

A prenup must be entered into voluntarily. It cannot be the result of fraud, duress, coercion or overreaching. Basically, this means that neither you nor your fiancé can lie or make omissions and neither you nor your fiancé can be forced into agreeing to the prenup.

Unconscionability

A prenup cannot be unconscionable. This means that it cannot be so lopsided as to make it inherently unfair. It also means that all assets and debts belonging to you and your fiancé must have been disclosed so that you both know the extent of your separate assets and obligations, and that neither of you waived your right to disclosure.

Public policy

Prenups generally cover financial topics such as how money will be handled during the marriage, how property will be divided in the event of a divorce and spousal support. Prenups cannot include provisions that violate public policy or laws, and prenups cannot adversely affect a child’s right to child support.

All of these requirements to prenups are important in ensuring the resulting document is fair and equitable to both you and your fiancé. However, to avoid any legal snafus, many people choose to consult with an attorney when drafting a prenup.

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