A prenuptial agreement or prenup is a contract between future spouses before they marry. This written agreement usually contains how a couple’s assets and responsibilities will be handled both during the marriage and in the event of a divorce.
Having a prenup can help protect you and your assets, especially if the marriage ends. However, a prenup should be voluntary, transparent and fair. If your agreement fails to meet certain requirements, it could become invalid in the eyes of the law.
Here are some common factors that might lead to a prenup being unenforceable.
One party did not agree voluntarily
One of the most basic requirements for a prenup is that both parties must enter into the agreement willingly. This means your partner cannot pressure, threaten or coerce you into signing it.
Aside from coercion or duress, lack of voluntary agreement may also stem from:
- Presenting the prenup at the last minute
- Using emotional tactics
- Withholding important information about the prenup
- Concealing certain parts of the agreement
If you’ve already signed the contract, it’s not necessarily too late. Courts look for evidence that both parties had the chance to review the agreement, seek legal counsel and discuss terms without pressure. If these elements are missing, the prenup could be challenged and possibly invalidated.
The agreement is unfair or unequitable
The terms of a prenup must be fair and reasonable to both you and your spouse. It should divide assets and debts fairly and not give one person an unfair advantage. The agreement must consider each person’s financial situation and future needs, and it should avoid any terms that are extremely unfair.
If the prenup seems unfair, you may be able to challenge it in court. It might be subject to invalidation, partial reinforcement or renegotiation.
There was no proper execution for the prenup
To be valid and enforceable, prenuptial agreements must be:
- In writing
- Signed by both parties
- Witnessed by one or more parties, if required
- Compliant with Florida and Pensacola laws
Any deviation from these formalities may lead to the court challenging the prenup’s validity.
A faulty prenup can create unique challenges for you during a divorce. If you believe it will create an unfair outcome for you, legal guidance may be necessary to make sure you uphold your rights.
