Florida Prenuptial Agreements and Contract Enforcement: When Is a Prenup Not Enforceable?

Prenuptial agreements provide spouses with predictability and control over financial rights in the event of divorce, but they also create a number of complex issues regarding fairness, disclosure, and judicial enforcement. In this article, we’ll discuss a case in which the Florida Supreme Court decided an issue at the heart of contested prenuptial agreements: fairness at the time of signing versus fairness at the time of dissolution.

Background of the case 

The parties involved were an affluent couple who entered into a prenuptial agreement before tying the knot. The prenuptial agreement established the rights of the parties regarding the ownership of properties, income, and other issues. More importantly, the prenuptial agreement established the waiver of rights of the parties regarding the equitable distribution of the properties that were accumulated during the marriage, as provided by the law.

The couple had a long-lasting marriage that lasted for over two decades. However, the marriage was so damaged that the couple decided to divorce. The wife wanted to void the prenuptial agreement due to the fact that the terms of the agreement were unfair and inequitable during the time of the divorce. This is because the wife was only entitled to less than half of the assets that were accumulated during the marriage.

Legal issues

The crux of this case revolves around two different principles that are fundamental to family law in Florida:

• Contractual autonomy – Prenuptial agreements are valid and binding contracts under Florida law if voluntarily executed with sufficient disclosure.

• Equitable distribution – The current framework of Florida’s statute mandates that marital property should be distributed fairly in the event of a divorce.

The conflict between these two principles arises where there are differing outcomes. This occurred in the aforementioned case because these two principles were in conflict with each other. The trial court refused to enforce the waiver provisions because it believed that such action would not be fair considering the duration of the marriage.

 Supreme Court’s analysis 

The Florida Supreme Court examined the nature and purpose of prenuptial agreements in detail. They explained that prenuptial agreements should not be examined based on the circumstances surrounding dissolution but rather those surrounding execution. They explained that if a prenuptial agreement was executed validly, then the agreement should be followed accordingly.

The Supreme Court did not believe that a trial court should go back on a prenup just because it appears to be unfair years later. This is the lesson. The court will not overturn a prenuptial agreement simply because it disadvantages one party. 

Talk to a Largo, FL, Divorce Lawyer Today 

Cairns Law, P.A., represents the interests of Largo residents who intend to divorce. Call our Largo family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source: 

caselaw.findlaw.com/court/fl-supreme-court/1494333.html