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Reviewing the validity of a premarital agreement

Jul 29, 2022 | Family Law

Whether you want to prove that a premarital agreement is invalid during your divorce, the other party is questioning the validity of a premarital agreement or you plan on signing such an agreement in the near future, it is very important to go over a number of issues. Aside from reviewing the details of the agreement closely and understanding how to safeguard your interests, you should realize that premarital agreements can become invalid in a number of circumstances.

Premarital agreements can have a significant impact on the way in which the court divides property during a divorce.

The enforceability of a premarital agreement

The Florida Senate goes over various factors that courts review when determining whether a premarital agreement is enforceable. Sometimes, these agreements become unenforceable when executed involuntarily, or because one party did not receive a fair disclosure of the financial obligations and property belonging to the other party. Moreover, premarital agreements signed under coercion or as a result of fraud or duress are also not enforceable.

Sometimes, one party has to pay spousal support, even if their premarital agreement contained a provision that would eliminate spousal support.

Addressing uncertainty over your premarital agreement

Whether you have questions about the validity of a premarital agreement you signed, your spouse is claiming that the agreement is invalid or you want to ensure that you protect your interests prior to signing, it is pivotal to carefully examine the details of your prenup. These challenges highlight the importance of creating a premarital agreement properly, and you should carefully review your options if a dispute arises during the divorce process.

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