Can Prenuptial Agreement be Invalidated
Prenuptial Agreement can be Invalidated – The Uniform Premarital Agreement Act was enacted in Florida in 2007. This Act outlines the requirements for Prenuptial Agreements to be valid and also outlines how a Prenuptial Agreement can be invalidated.
A Prenuptial Agreement can be invalidated by showing:
- The party did not execute the agreement voluntarily;
- The agreement was the product of fraud, duress, coercion, or overreaching; or
- 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. Fla. Stat. § 61.079
Recently a Prenuptial Agreement was invalidated by an appellate court in Florida.
There were 5 reasons the Prenuptial Agreement was invalidated:
- The husband gave the Prenuptial Agreement to the Wife only 6 days before the marriage date and then demanded she sign the day before the marriage.
- The husband did not provide any financial disclosures to the Wife.
- The wife did not expressly waive her right to financial disclosures.
- The wife was pregnant with the parties’ child.
- The husband threatened that if the wife did not sign the Prenuptial Agreement the day before the marriage, he would not marry her, and she would not get immigration documents to leave Venezuela and move to the United States.
If you have decided to enter into a Prenuptial Agreement, it is important that you give full financial disclosures, or it can be invalidated. In addition, you must give the Agreement to your fiancé with a substantial amount of time for reflection including the financial disclosures or the Agreement can be invalidated. In addition, a person should never threaten their fiancé with consequences other than no marriage will take place if they do not sign the Prenuptial Agreement because it can be invalidated because of the threats.
Prenuptial agreements serve two purposes.
First, they will set aside assets and or debts from becoming part of the marital estate. In other words what is yours remains yours and what is the other spouse’s assets or debts remains theirs after the marriage. In addition, the separation ensures that active and passive appreciation i.e. appreciation through efforts such as renovating or active investing or passive market forces do not become part of the marital estate. The second purpose for a premarital agreement is to allow a person to not leave any of their probate estate to the other spouse. In Florida one cannot completely disinherit their spouse without a clear waiver in a prenuptial agreement or a post nuptial agreement. This waiver in the probate estate can be important for individuals who have children from prior marriages.
If you are seeking a Prenuptial Agreement, it is important that you select an attorney experienced in family matters to draft the agreement otherwise it can be invalidated. If you are seeking a Prenuptial Agreement or you are seeking to invalidate a Prenuptial Agreement, call the divorce lawyers at Filler Rodriguez LLP today to assist you.
