Need to Invalidate a Prenup? Here is How to Do It
No one ever exchanges marriage vows with the thought that the relationship will end in divorce. Still, the statistics show that a very high percentage of marriages do end in divorce. For this reason, many people enter into premarital agreements so they can protect the assets most valuable to them in the event that the marriage does come to an end.
However, not all premarital agreements are created equal and some may find that in the event of divorce, they are being treated unfairly, sometimes due to a document they signed several years ago. In these instances, a person may wonder if they can have a premarital agreement invalidated thereby making it unenforceable. The good news for these individuals is that there are ways to nullify a premarital agreement and they are listed below.
The Timing of It All
Timing is crucial when it comes to premarital agreements. Spouses can challenge a premarital agreement if they believe that they signed it under duress. For example, if one person presented the premarital agreement just prior to the wedding and threatened to call it off if their significant other did not sign it, that is considered duress. In order for a premarital agreement to be considered valid, with each party signing it willingly, each spouse should have time to:
- Contact a lawyer
- Negotiate the terms of the premarital agreement
- Make any modifications that are necessary
- Schedule a signing of the agreement in front of a witness and a notary
There is no fixed amount of time that will deem a premarital agreement enforceable. However, waiting until the last minute will almost always provide grounds for challenging a premarital agreement.
Lack of Financial Disclosure
Both parties that enter into a premarital agreement must do so honestly. Neither party can enter into an agreement and make an informed decision when they are not given all of the information. When one party does not provide all of their financial information in an honest manner, it can provide grounds for challenging the premarital agreement.
Lack of Fairness
Like all contracts, premarital agreements must be fair to both parties. For example, a premarital agreement that stated one spouse was to receive all marital and separate assets would not be considered fair to both parties because that contradicts Florida law. The more fair a premarital agreement is, the less likely it is to be challenged, and the more likely it will be enforced by a judge.
Need Help with Your Prenup? Call Our Florida Family Lawyers
Premarital agreements can provide a great guideline for couples that are getting divorced and can help eliminate many of the disputes that arise. If you are about to get married and want to draft an enforceable prenup, our Orlando family lawyers at O’Mara Law Group are here to help. We know what the courts look for in these contracts and we will ensure yours is fair and cannot be challenged in court. Call us today at (407) 634-6604 or contact us online to schedule a consultation with one of our skilled attorneys.