Can I Have a Prenuptial Agreement Voided in Florida?

A prenuptial agreement is a legally enforceable contract signed by two parties entering into a marriage. It can define and clarify specific matters, such as what happens to a particular asset in the event of a divorce. It can also limit the amount and duration of alimony, as well as protect individually held property from being distributed by a judge during the divorce process. It cannot, however, create any stipulation with regards to the children. For example, you cannot have any terms related to child custody in a prenuptial agreement. In addition, you cannot limit your child support payments with a prenuptial agreement.

Can a prenuptial agreement be thrown out, voided, or modified in Florida? 

Yes, but it isn’t easy. Prenuptial agreements are legally binding contracts. Once you sign one, it can be used to determine several aspects of your divorce settlement. If you don’t like the outcome of a prenuptial agreement, you should avoid signing it in the first place. Once it’s signed, your options are limited for voiding the agreement.

A prenuptial agreement can only be voided for the following reasons:

• Lack of voluntary consent – Prenuptial agreements must be voluntarily agreed to by both parties. If one party was threatened, pressured, or coerced into signing the agreement, the court might rule that the prenup is invalid.

• Unconscionability – The court might toss (or void) a prenuptial agreement if it is “unconscionable”. For an agreement to be “unconscionable,” it must be so one-sided that the court deems it “grossly” unfair. However, a prenup won’t be voided just because it favors one party. The court will enforce an unfair prenup, but not a “grossly unfair” prenup.

• Failure to make full disclosure of debts and assets – The agreement would be deemed invalid if one party failed to disclose all of their assets and debts. This would also be considered fraud, so it’s something to avoid. The court will not enforce a prenuptial agreement in which one party fraudulently omitted material information from the agreement.

• The prenup was not executed properly – A prenuptial agreement must be properly signed and notarized for it to be legally valid. If it isn’t, the court may deem it unenforceable.

Can you modify the terms of a prenuptial agreement in Florida? 

Yes. Prenuptial agreements can be either modified or revoked. In addition, you can add a sunset clause to your prenup stating that it becomes invalid once the marriage has surpassed a specific number of years. Another thing to consider is a postnuptial agreement. If you don’t want to make decisions about your finances before you’ve actually had practical experience together, you can opt to sign a postnuptial agreement in lieu of a prenuptial one.

Talk to a Largo, FL, Family Law Attorney Today 

The Largo family lawyers at Cairns Law, P.A., represent the interests of Largo residents who want to draft either a pre- or postnuptial agreement. Call our office today to schedule an appointment, and we can begin discussing your options right away.