Will My Prenuptial Agreement Be Enforced in My Florida Divorce?

Are you planning for a divorce but have a prenuptial agreement? If so, you may be wondering if the prenuptial agreement will be enforced in your Florida divorce. You may want to be assured that the prenuptial agreement will be enforced because it is beneficial to you. Or, on the flip side, you may feel that the prenuptial agreement should not be enforced because there are elements of it that are distinctly unfair to you and could result in a starkly unequal distribution of assets. Regardless of the side you are currently on, it is important to know that there are specific statutory reasons in the Florida Statutes that prenuptial agreements will not be enforced. Aside from those reasons, it is likely that your prenuptial agreement will be enforceable in your divorce.

The following are the reasons that prenuptial agreements are deemed unenforceable, along with our discussion of those reasons, under Florida Statutes Section 61.079.

Party Did Not Execute the Agreement Voluntarily

A prenuptial agreement is a type of contract, and in order for a contract to be valid and enforceable, it must be executed voluntarily. This means that all parties must have full knowledge about the terms of the agreement and must willingly enter into the contract. If they do not, the agreement may be unenforceable.

Agreement Was the Product of Fraud, Duress, Coercion, or Overreaching

Several ways in which a prenuptial agreement is not entered into voluntarily are under circumstances in which one party was under duress while being forced to sign the agreement, or was coerced into signing the agreement. In addition, if the prenuptial agreement was the product of fraud or overreach, then it will not be enforceable.

Agreement Was Unconscionable When it Was Executed

Under Florida law, if a prenuptial agreement was unconscionable at the time it was executed, it will not be enforceable. What does this mean? Under the language of the statute, a prenuptial agreement may have been unconscionable if, prior to execution of the agreement, the following three things were true:

• One of the parties was not provided a fair and reasonable disclosure of the other party’s financial property or obligations;
• That party (who was not provided the disclosure) did not waive, in writing, any right to that information; and
• That party did not have, and reasonably could not have had, adequate knowledge of that information.

Provision Modifies or Eliminates Spousal Support in a Manner That Leaves the Other Party Eligible for Public Assistance

Part of a prenuptial agreement that waives or modifies spousal support may also be unenforceable if upholding that clause of the agreement would result in the other party becoming eligible for public benefits or assistance. In such a case, the court may require the paying party to provide enough support such that the receiving party would not be eligible for public assistance.

Contact a Tampa Divorce Attorney Today 

Whether you have a prenuptial agreement that you want to have enforced in your divorce, or a prenuptial agreement that you feel may be unfair and want to find out about the agreement not being enforced in your divorce, you should seek legal advice. As we discussed above, there are specific reasons that prenuptial agreements are unenforceable, and an experienced Tampa divorce lawyer at The Law Office of Laura A. Olson, P.A. can assess your prenuptial agreement today with an eye toward your divorce. Contact our firm to learn more about how we can help with issues pertaining to your prenuptial agreement as well as other aspects of your Florida divorce.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html