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Minaya Law Office, PLLC
With an office in Davie, we serve clients in Plantation, West Palm Beach, Fort Lauderdale and Miami.

Invalidating a prenuptial agreement in Florida

Couples in Davie that are preparing to wed likely have their thoughts preoccupied with planning their weddings, and then their subsequent lives together. There is likely no place given in those plans for the potential for divorce. Yet for those who bring significant assets into their marriages, having a prenuptial agreement in place may be something to consider in the event that their relationships do end. Indeed, more and more couples appear to making this decision together, with the Wall Street Journal sharing that the American Academy of Matrimonial Lawyers reports a 63 percent increase in such agreements in recent years.

Of course, simply having a prenup in place does not mean that one’s assets are automatically protected. During marriage, it is common for the assets that each brings in to the union to become intermingled. Examples of this may be:

  •          A recently married couple pooling their assets to buy a home or start a business.  
  •          One spouse using his or her savings to help put the other through college.
  •          A couple using a property that one brought into the marriage as the family homestead.

Should a marriage where any of these scenarios (or others like them) occur come to end, one side may argue against a prenuptial agreement being enforced. The question is does such an argument have any validity?

In some cases, the answer is yes. According to the Florida state statute regulating the dissolution of a marriage, a prenuptial agreement may be deemed unenforceable if either side was never given a fair assessment of the other’s assets and liabilities, or did not voluntarily waive the right to disclose information regarding such issues. Agreements not executed properly or obtained via coercion, fraud, or under duress are also not considered to be valid. 

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