Challenging a Pre-Nuptial Agreement

Pre-nuptial agreements are used to protect each spouse’s assets in the event that the marriage ends in divorce. While no one enters into marriage with the intent of divorcing, protecting your financial future is an essential concern no matter how much you love the other person.

Like any agreement, pre-nups can also be challenged. Florida Statute 61.079, known as the “Uniform Premarital Agreement Act,” governs pre-nuptial contracts. Pre-nuptial agreements are created prior to the marriage, whereas post-nuptial agreements can be created any time after the marriage is official.

Despite pre-nuptial agreements being entered into voluntarily prior to marriage, they are not always legally binding due to misinformation within the contract or for other reasons that could invalidate the contract. The following are examples of situations when you may challenge the validity of a pre-nuptial agreement in Florida:

• If the contract was signed under stress or if a partner was coerced or threatened in any way to sign the contract.
• If specific provisions of the contract are grossly unfair or unreasonable.
• If the contract failed to disclose complete financial information or misinformation.
• If the contract violates any state laws, for example, if it creates restrictions in terms of child custody or time-sharing rights.

If you have questions about pre-nuptial or post-nuptial agreements in Florida, we are here to offer you legal guidance. Family law issues can pose unique challenges, and at the Vasquez de Lara Law Group we have the expertise and experience it takes to ensure that your rights and your future are protected. Contact us today to discuss your situation.