What Constitutes “Unconscionability” In a Prenuptial Agreement?

It’s very rare that a Florida court will throw out or void a prenuptial agreement. It is rarer still that the court would throw out the agreement on the grounds of “unconscionability”. There are, however, valid reasons for voiding a prenuptial agreement, and “unconscionability” is often cited as one of those reasons.

The term “unconscionability,” when applied to a person, means that they lack conscience. When the term is applied to an agreement, it means the agreement is so one-sided or unfair that it “shocks the conscience of the court.” Unfortunately, very little shocks the conscience of the Florida courts. It is nearly impossible to get a prenup tossed on the grounds of unconscionability. The Florida courts will enforce a prenuptial agreement even if that agreement solely favors one party.

But that doesn’t mean it’s impossible. You do, however, have to prove more than mere unconscionability.

When are unconscionable prenups voided by the Florida courts? 

Unless the prenuptial agreement “shocks the conscience of the court”, you must be able to prove unconscionability plus another element. Under our state’s law, the prenuptial agreement must be unconscionable and:

• One party was not provided with fair and reasonable disclosure of the assets and liabilities of the other party; and
• One party did not voluntarily waive (in writing) any right to the voluntary disclosure of the aforementioned property; and
• One party did not (nor could they reasonably have had) knowledge of the other party’s property or financial obligations (Florida Statutes 61.079(7)(a))

The Florida courts are very unlikely to void a prenuptial agreement just because it’s unfair, favors one side, or otherwise disadvantages one party. Only in extreme cases will the courts not enforce a prenup on the grounds of unconscionability. The statutes require that the prenuptial agreement be unconscionable and have the aforementioned defects.

One of those reasons is that one party did not make a full disclosure to the other. One of the most common reasons for voiding a prenuptial agreement involves one party’s failure to make full disclosure. One spouse may have tried to hide assets or debts from the other spouse. Eventually, the other spouse realizes that the prenuptial agreement was based on misleading information. They can attack the prenuptial agreement on those grounds, plus the grounds of unconscionability. In addition, they cannot have waived their right to full disclosure. Lastly, one spouse could not have reasonably figured that the other spouse had specific assets. Even if one spouse fails to make full financial disclosure, the other spouse might be well aware of their assets and liabilities. If they are, then the prenup may be enforced anyway.

Talk to a Clearwater, FL, Prenuptial Agreement Lawyer Today 

Cairns Law, P.A., represents the interests of Clearwater residents who want to either draft a prenuptial agreement or fight a prenuptial agreement during their divorce proceedings. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.