What Provisions Can Void a Prenuptial Agreement in Florida?
Prenuptial agreements are contracts between two spouses that outline the terms of their divorce should you end up in one. In most cases, the prenuptial agreement will be legally binding, even if it puts one spouse at a severe disadvantage. However, there are certain provisions that cannot be included in a prenuptial agreement, and others that would void the agreement altogether. In this article, the St. Petersburg family lawyers at the Law Office of Kevin F. Coleman will discuss what provisions can not be included in a prenuptial agreement in Florida.
Duress and coercion
To void a prenuptial agreement, you can claim that you signed the agreement under duress or were otherwise coerced into signing the agreement. A contract is voluntarily entered into by both parties, so evidence that one of the spouses signed the agreement under duress can void the agreement altogether.
Lack of full financial disclosure
Florida law requires both parties to fully disclose their assets, income, and debts during the drafting of a prenuptial agreement. Failure to disclose this information can be used as grounds for voiding the prenuptial agreement.
Unconscionability
A prenuptial agreement can be voided on the grounds that it’s “unconscionable”. In other words, the agreement is so one-sided that it “shocks the conscience of the court”. While the courts have upheld agreements that were very one-sided, there exists a certain threshold of conscionability that the courts will use to void an agreement that is too unconscionable. This could happen when one party is left entirely destitute if the agreement is executed.
There are two types of unconscionability: Procedural unconscionability and substantive unconscionability.
Procedural unconscionability refers to the circumstances present while drafting the agreement and whether or not there was an absence of choice on behalf of one party. This can involve:
- A one-sided negotiation process where one party has significantly more bargaining power than the other.
- A lack of opportunity for one spouse to consult with independent counsel before signing the agreement.
- A lack of time to assess the agreement. The agreement was presented too close to the wedding date, creating pressure on one party.
- Hidden terms and ambiguous language that prevent one party from fully understanding the agreement that they are signing.
- Misleading explanations within the agreement itself.
Improper execution
In Florida, prenuptial agreements must be in writing and signed by both parties prior to the marriage. Oral agreements are not actionable.
Violation of public policy or law
Any provision that violates public law or policy will not be enforced. For example, agreements that attempt to force one spouse to waive their rights to challenge the prenup due to fraud or duress will not be enforced. Prenuptial agreements can never dictate issues related to child custody or child support. You cannot cap your child support obligation in a prenuptial agreement. Those obligations are determined by the court in the best interests of the children.
Other considerations
Errors in the prenuptial agreement may be grounds to void one provision but not the entire agreement. Agreements cannot contain provisions related to the other spouse’s personal life. These will not be enforced. A prenup that encourages a divorce will likely not be enforced.
Talk to a St. Petersburg, FL, Family Lawyer Today
The Law Office of Kevin F. Coleman represents the interests of soon-to-be-married couples who want to draft a legal and actionable prenuptial agreement. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
