Can My Prenuptial Agreement Be Challenged in Miami Divorce Court? Find Out One Challenge to Prenups Under Florida Laws Here

When a person in Miami says the words “prenuptial agreement,” especially to their fiancée, they may get a reaction that is not entirely positive. Indeed, there is no doubt that prenuptial agreements have a “bad rap,” and many individuals in Miami who are soon-to-be married have likely seen the process of entering into a prenuptial agreement in a negative light on T.V. or in movies. However, the truth of the matter is that prenuptial agreements are a great way for two individuals who are to be married soon to work out the ins-and-outs of a potential divorce in the event that the marriage goes south. In addition, under certain circumstances, even prenuptial agreements may be challenged in divorce court. But what is one of the ways that a prenuptial agreement can be challenged in divorce court in Miami? We answer that question here.

Prenuptial Agreements and Miami Divorces

At the outset, it is important for individuals in Miami who are potentially interested in a prenuptial agreement to know exactly what a prenuptial agreement is. Simply put, a prenuptial agreement (often referred to as a “prenup”) is a binding contract between future spouses that establishes how key issues will be resolved in the event that the couple (or one of the parties) decides to get divorced. It is also important to note that while Florida law generally upholds prenuptial agreements entered into by a couple, there are certain specific legal grounds on which one party (or spouse) to a divorce can challenge the validity of the prenuptial agreement. One of these grounds is lack of unconscionability.

Challenges to Miami Prenups: Lack of Unconscionability

The Florida Statutes establish that “A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that…the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.” Accordingly, if a party to a divorce can prove that the agreement was unconscionable, it may not be enforceable in the divorce case.

Getting Legal Help with Your Miami Divorce

If you are in the Miami area and you need legal help with your Miami divorce, contact the experienced Miami divorce lawyers at True North Law, P.A. The experienced Miami divorce lawyers at True North Law, P.A. are here to help individuals in Miami with their prenuptial agreements and their divorces. Contact True North Law, P.A. today and speak to a lawyer about your case.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html