A prenuptial agreement, or prenup, is contract between prospective spouses outlining the terms of a subsequent divorce settlement. Prenups usually involve the division of assets and spousal support. They cannot, however, dictate child custody arrangements following a divorce.

A legally valid prenuptial agreement is a contract and as such, Florida family court must honor the terms. For instance, if a prenup stipulated there would be no division of marital property in a divorce, an ex-spouse cannot claim a share of a property that belongs to the ex-spouse, even after living in the residence for 20 years. Without a prenup, the court most likely would have awarded a share of the property and assets under the equitable distribution statute.

However, all conditions in a prenup are not ironclad. There are some circumstances when a prenup may be judged invalid:

  • Legally invalid. A premarital agreement must be written and signed by both parties, and cannot contain any provisions that violate Florida statutes
  • Fraud. Prospective spouse lied about income, assets or liabilities, or failed to provide pertinent information
  • Duress. Prospective spouse was coerced or pressured into signing the contract
  • Overreaching. Prenup disproportionately benefits the spouse with greater financial or social resources
  • Unconscionability. Agreement is deemed to be grossly unfair to one party

While the first two reasons here are fairly straightforward, proving duress, overreaching or unconscionability in Florida family court can be challenging. For instance, being pressured to sign a prenup 48 hours before a scheduled wedding might fulfill the definition of duress, but signing one 10 days before the wedding would not.

A qualified divorce attorney can help you determine whether your prenup can be invalidated under Florida legal statutes.