Contested Prenuptial Agreements in Florida

Prenuptial agreements are made with the intention of offering clarity and predictability within the marriage. However, in cases involving contested prenuptial agreements, Florida courts do not automatically enforce the contract. In cases where one spouse questions the validity of the agreement, it becomes crucial for the Florida courts to review the entire process of drafting the agreement as well as its fairness. In this article, the Clearwater, FL, family law attorneys at Cairns Law, P.A., will discuss a case involving a contested prenuptial agreement. 

Background of the case

In this case, the couple signed a prenuptial agreement just before their wedding. The groom had considerably more assets than his bride upon entering the marriage. The agreement restricted the bride’s claims to property and support in the event of a divorce. When the couple split after several years of marriage, the bride questioned the enforceability of the prenuptial agreement.

The wife claimed that she did not have a complete understanding of her husband’s finances at the time she signed the agreement. The wife claimed that she was never in a position to make an informed decision. The wife also questioned the timeline of the agreement. She claimed the document was submitted to her within a week of the wedding.

The trial court’s ruling

In this case, the trial court agreed with the wife that the prenuptial agreement could not be upheld as it was. The court believed the wife was never presented with a sufficient level of financial disclosure by the husband. This was due to the fact that the prenuptial agreement mentioned assets vaguely and failed to provide a clear explanation of the value of those assets. Therefore, it was not possible for the wife to have a clear understanding of what she was relinquishing.

Due to these shortcomings, the trial court refused to enforce the agreement and went ahead with other matters. 

The appeal 

In this case, the husband appealed the decision not to honor the prenuptial agreement. He argued that his wife had enough information at the time she signed it to render the agreement valid. The appeal reviewed Florida’s statute on prenuptial agreements. To uphold an agreement, the spouse would have to prove that there was fair and full disclosure of assets or that the other spouse had some idea on the general nature of her husband’s assets.

However, the appeals court, in this case, agreed with the lower court that disclosure in this matter was completely deficient.

Key takeaways from the case

This case illustrates a number of key takeaways regarding prenuptial agreements challenged in Florida. A prenuptial agreement requires adequate disclosure of finances. A prenup in which assets are just listed without disclosure of their value could render the prenup unenforceable. In addition, a prenup signed too close to the wedding could indicate undue pressure and not enough time to consider it. Prenups of this nature are often challenged during divorce.

Talk to a Clearwater, FL, Divorce Lawyer Today

Cairns Law, P.A., represents the interests of Clearwater residents during their divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

casemine.com/judgement/us/59148429add7b049344b295f