Enforcing a Prenuptial Agreement

Many spouses choose to enter into a prenuptial agreement to avoid the financial and emotional costs typically associated with divorce proceedings. The enforceability of the premarital agreement may affect the division of marital assets as well as other matters upon divorce. If you have questions regarding the enforcement of such an agreement in Florida, the West Palm Beach premarital agreement lawyers at The Law Office of Jessica Mishali, P.A. can assist you. They can explain your rights and review your legal options whether you are seeking to avoid or enforce a prenuptial agreement in Florida.

A prenuptial or premarital agreement is a written agreement that prospective spouses enter into before marriage. The agreement will go into effect when the spouses are legally married. A prenuptial agreement should accurately express the intent of the spouses and provide terms that are fair for both of them. Prenuptial agreements usually cover issues that may arise during a divorce, such as the spouses’ separate property, the division of their marital property, alimony and spousal support, and other matters that are not against public policy. Florida law also imposes requirements for a valid and enforceable prenuptial agreement. In the event of a divorce, either spouse may file a motion asking the court to enforce the prenuptial agreement. If one spouse objects, the court may have to determine whether the prenuptial agreement is valid before entering an order for the spouses to comply with its terms. A skilled divorce attorney can represent you in proceedings of this nature.

In Florida, premarital agreements are governed by a statute known as the Uniform Premarital Agreement Act. The statute establishes the formal requisites for premarital agreements and specifies the grounds upon which such agreements may be invalidated. Some agreements may be unenforceable because the parties made a simple mistake, such as not signing the agreement until after they became married. In other cases, the court may rule that a prenuptial agreement is unenforceable because one party tried to take advantage of the other. Generally, however, Florida courts will enforce a prenuptial agreement if it complies with the Uniform Premarital Agreement Act.

Florida law requires that a prenuptial agreement be expressed in writing. The agreement must be signed by both spouses before the marriage takes place, or it may be invalidated. A prenuptial agreement is also unenforceable if it was not entered into voluntarily, or if it was the product of fraud, duress, coercion, or overreaching. The spouse seeking to avoid a prenuptial agreement has the burden to prove the existence of fraud, duress, coercion, overreaching, or that she did not sign it voluntarily.

If the prenuptial agreement was extremely one-sided and unfair at the time it was executed by the spouses, the court may rule that it is unconscionable. To invalidate an unconscionable prenuptial agreement, the objecting spouse must show that before the agreement was signed, the spouse was not given a fair and reasonable disclosure regarding the other spouse’s property or financial obligations. The spouse must also establish that they did not execute any writing that voluntarily and expressly waived their right to obtain the other spouse’s financial disclosure. In addition, the spouse must show that they did not have, or reasonably could not have had, sufficient knowledge of the other spouse’s finances and obligations.

The family law attorneys at The Law Office of Jessica Mishali, P.A. can guide you through West Palm Beach divorce proceedings with compassion and crucial legal advice. We Serve areas such as Boca Raton, Boynton Beach, Wellington, Jupiter, Royal Palm Beach, Delray Beach, Pembroke Pines, Davie, Coral Springs, Fort Lauderdale, Hollywood, Hallandale Beach, Plantation, Stuart, Hobe Sound, Pompano Beach, Indiantown, Palm City, and Jensen Beach, as well as other places in Broward, Palm Beach, and Martin Counties. Make an appointment to discuss a prenuptial agreement, spousal support, or another family law issue by calling The Law Office of Jessica Mishali, P.A. at (561) 833-2772 or contacting us online.