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When might a prenuptial agreement be invalid?

On Behalf of | Apr 13, 2022 | Family Law

If you are like many Americans preparing for marriage, you may be wondering whether you should consider a prenuptial agreement. Once mostly associated with the ultra-wealthy, today many couples are embracing prenups as useful estate planning tools that provide peace of mind against an unpredictable future.

Prenuptial agreements can outline many protections regarding property, assets and debts. However, there are certain provisions that Florida law does not allow, and including them in your prenup may render the document invalid.

Prohibited provisions

Florida law may not enforce a premarital agreement that includes provisions that:

  • Violate state law, federal law or public policies
  • Set rules for handling child support, parenting schedules or custody
  • Outline non-financial responsibilities of either party
  • Encourage divorce through financial incentive

Prohibited circumstances

A prenuptial agreement may also be invalid if the circumstances surrounding its execution prove illegal or unfair in the eyes of the court.

You and your spouse must each sign the agreement voluntarily and without the influence of coercion, fraud or duress. Additionally, unless your spouse has waived in writing the right to a fair disclosure of your finances, you may face a legal challenge later if he or she finds that you had significantly more assets than believed at the time of your marriage.

The purpose of a prenuptial agreement is to protect both you and your spouse from unnecessary confusion and legal conflict should you part ways later. Before entrusting your futures to this important document, make sure that you both understand the agreement and that the terms will hold up under the law.


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