A prenuptial agreement, also known as a premarital agreement in Florida, may not be the most romantic thing, but it is beneficial to have in many situations. It protects a family business, protects individual assets and outlines what would happen in the event of a divorce.
FindLaw discusses that a premarital agreement often addresses property division, spousal support, the right to control property and the rights and responsibilities of each party. However, a judge will deem an agreement unenforceable under certain conditions.
According to the Florida Legislature, an improperly executed premarital agreement is invalid. This includes an oral agreement, as it must be in writing, if the two parties do not sign it or if there is a forged signature of one of the parties.
Agreement based on duress or fraud
Each party must voluntarily agree to the terms of the agreement. If there is proof of duress, such as if one party signed while they were under the influence of drugs or alcohol, or if one side used coercion to get the other party to sign, a judge may deem it to be invalid.
Failure to disclose
In order for a premarital agreement to be valid, each party must be forthcoming with all assets, property and incomes. If one party did not fully disclose information, the agreement may not be enforceable.
Invalid provisions or unconscionable
The terms outlined in a premarital agreement must not violate any state or federal laws. A judge will also generally deem an agreement invalid if it is clearly unfair and one-sided, leaving one party with almost nothing.