In recent years, couples here in Florida and elsewhere who are looking to spend the rest of their lives together are doing so with an eye to the possibility that the relationship may not last. Considering the fact that a significant number of marriages end in divorce, this would be a wise move. What would not be wise is failing to make sure that a prenuptial agreement has the best chance of standing up in court if needed.
The following issues could invalidate all or a portion of a prenuptial agreement:
- One party fails to provide complete, truthful and accurate information and disclosures to the other party.
- One or more terms are considered “unconscionable” because it leaves one party in a far less advantageous position post-divorce.
- Either party failed to thoroughly review the agreement and did not employ the assistance and advice of an attorney prior to signing it.
- One person felt pressured into signing it due to coercion or duress.
- The parties did not have enough time to properly review and negotiate the agreement.
- The written agreement was not executed in accordance with Florida law.
Any of the above could mean that a couple who decides to divorce could end up having to reach a divorce settlement from scratch. The primary reason most people enter into a prenuptial agreement is to avoid as much contention during a divorce as possible. Therefore, couples who do not want to deal with this eventuality will want to make sure they avoid the above mistakes.
During an already emotional, uncomfortable and potentially contentious time, it may be more difficult for the parties to reach an amicable agreement as they did when they executed the prenuptial agreement. Working with an attorney to create this document may be the best course of action. Otherwise, the divorce process could end in a court battle neither party ever wanted or intended.