Top reasons your prenuptial agreement may be invalid

For couples considering marriage, a prenuptial agreement may be the perfect tool. Simply put, a prenuptial agreement allows your Tallahassee family law attorney to set the financial rights of both you and your spouse in the unfortunate event of a divorce. You can work with your Tallahassee divorce attorney to draft a prenuptial agreement to protect a family business or even secure your individual assets. When you are considering a prenuptial agreement, it’s important to sit and discuss all of the ramifications with an experienced Tallahassee divorce attorney to ensure it’s execute properly. Far too often, inexperienced attorneys make mistakes that could cost you a significant sum of money. The following information explains the top reasons a prenuptial agreement could be invalid.

Not a Written Agreement

While most contracts can be either oral or written, a prenup must be a written contract to be legally enforceable. If you make an agreement with your future spouse, it’s important for you to use a family law attorney in Tallahassee to guide you through the process and to ensure the agreement is legally enforceable.

Not Executed Properly by a Family Law Attorney

In order for the prenup to be valid, the agreement must be signed by both parties before being married. If you feel this or other matters may be preventing your prenuptial from being enforceable, it’s important to speak to a lawyer. 

You Were Pressured

In any case, if you were pressured to sign the prenuptial agreement by your spouse, an attorney, or family member, the prenuptial may not be enforceable. In this case, you should speak to a divorce attorney to ensure your marital rights are being upheld.

You Failed to Read the Agreement

When you sign the prenuptial agreement, it must be read for it to be enforceable. If your future spouse unloads a bunch of documents on you and simply tells you to sign it, the premarital agreement may not be enforceable. If you signed the agreement without reading it, you should 

You Didn’t Have Time for Consideration

For the prenuptial agreement to be enforceable, you must have had time to consider the prenup. For example, if the agreement was given to you just before you said “I do,” the agreement may not be enforceable. As a result, it’s important to speak to an experienced prenup lawyer if you were not given time to consider the legal document.

Invalid Provisions

Even though premarital agreements are designed to cover a wide array of financial aspects of the financial relationship, it cannot in any form change future child support obligations in the case of divorce. In addition, any provisions in the prenup in violation of the law would be invalid. If you feel your premarital agreement violates the law or modifies future it’s important to speak to an attorney specializing in premarital agreements for further instruction. However, you should keep in mind the court may simply strike the illegal clause, while enforcing the remainder of the agreement.

False Information

When the premarital agreement is created, both parties must go into it with full disclosure of each parties’ assets, liabilities, and their income. If one spouse tells the other prospective spouse misleading information or simply false information, the agreement may be invalid. If you have been lied to by your spouse before you signed the agreement, it’s important to contact an experienced professional to protect your rights.

Incomplete Information

Simply put, negating to give important information to a prospective spouse is just as bad as giving false information. If you have been provided with incomplete information before you marriage and signed a prenuptial agreement, you should consult with a Tallahassee prenup lawyer because the agreement may not be enforceable.

No Attorney

When you enter into a prenuptial agreement, most states require each party to have a lawyer to represent their individual rights. In Florida, a prenuptial agreement will not be enforceable unless both sides has a family law attorney working in their interests. In addition, a good prenup lawyer will help you negotiate a plan that effectively fits your future plans.

Unconscionable Agreements

A prenup can make the majority of premarital agreements enforceable even in the cases your spouse gets all of the property and leaves you with all of the bills. While prenups can relinquish your right to inherit assets from a spouse and for spousal support in the event of death or divorce, it does have limitations.

If a prenup agreement is so inherently and grossly unfair that one spouse would endure substantial financial hardships while the other spouse prospered, the courts would likely find it unenforceable. If you feel your prenup is “unconscionable”, you should discuss it with your prenup attorney or divorce attorney. Like most contracts, if your prenup is unconscionable, it will most likely not be enforced by the courts.

When it comes to premarital agreements, both parties must have an attorney or divorce lawyer to make the agreement executable. If you are and your prospective spouse are considering a prenup, an experienced Tallahassee lawyer will be able to ensure your needs are meet and the agreement stands up to the many challenges that may arise.

With over 40 years as experienced family law attorneys serving the Tallahassee, Monticello, Perry, Marianna, Quincy and surrounding areas, the attorneys of FNW Law Office are prepared to ensure your rights are upheld. Contact the experienced professionals at FNW Law Office for a free Tallahassee divorce consultation or prenup analysis. 


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