Defenses to a Prenuptial Agreement
While a prenuptial agreement can help to protect your assets and save you time during a divorce, these agreements aren’t always upheld by the courts. It’s possible for one party to contest a prenuptial agreement, which could cause the agreement to be thrown out. If your spouse or someone is challenging your agreement in Sarasota, Bradenton, Lakewood Ranch, or Venice, Florida, you’ll need a strong divorce attorney near you to ensure that the agreement is enforced.
Attorney Matthew Z. Martell can help you defend a challenged prenuptial agreement. We focus only on divorce and family law and have helped people to resolve prenuptial and postnuptial disputes. We’d be happy to advise you on the strengths and weaknesses your agreement and provide you with the legal support that you need.
Challenging a Prenuptial Agreement
In Florida, it’s necessary to prove one of the following scenarios in order to disregard a prenuptial agreement:
- The agreement was not signed voluntarily
- Financial information was not fully disclosed to both parties
- The agreement was achieved via coercion or fraud
- The agreement is grossly unfair to one party
While the burden of proof falls on the spouse that’s challenging the agreement, there are a number of ways to defend a questioned prenuptial agreement. As an example, if both parties are advised by an attorney prior to signing the agreement, it can establish that the agreement was signed voluntarily and not under duress. If an agreement includes unlawful provisions, you can also request that those provisions are thrown out and that the remainder of the agreement is enforced.
Defending the Validity and Enforceability of a Prenuptial Agreement
Even a valid prenuptial agreement in Florida can be challenged. The courts will look at a range of factors when deciding whether the agreement should be upheld. Factors taken into consideration may include:
- Financial disclosure: Both spouses must disclose all assets and liabilities prior to signing a prenuptial agreement.
- The nature of the agreement: In Florida, only a written agreement that’s signed by both parties is considered to be valid.
- The information in the prenup: Courts will examine the agreement to ensure that all of the information within the document is accurate.
- The mental capacity of both parties: If one party was incapacitated by drugs or alcohol at the time of signing, the document might not be valid.
- When the document was signed: An agreement is more likely to be upheld if both parties had adequate time to consider the agreement. Documents signed shortly before the marriage may be thrown out.
- Amendments: If the document was amended after it was signed, those clauses might be disregarded.
If you can show to the court that an agreement meets these standards, it’s likely that it will be upheld by the court. When drafting an agreement, it’s best to work with an experienced prenuptial lawyer near you in Sarasota, Bradenton, and Venice, Florida to ensure that your document is legally binding and fully compliant with state laws.
How a Sarasota and Bradenton Prenuptial Attorney Can Help
Having a prenuptial agreement in Florida can provide you with security and protection, but like all contracts, it can be contested. Working with an experienced prenuptial agreement attorney can help to protect you from future challenges. If an existing prenuptial has been challenged, you’ll need to work with a divorce lawyer near you that can defend the prenup to ensure that your agreement is upheld.
Whether you’re preparing for marriage or going through a divorce, the Law Offices of Matthew Z. Martell can offer you guidance and support. Not only can we help you to navigate potential issues like a challenged agreement, but we can work with you to achieve a fair divorce settlement as soon as possible. Call us today at (941)556-7020 to schedule a free consultation.
