Can I Challenge a Prenup in Florida?
Prenuptial agreement (prenup) is a legally binding contract created before marriage that outlines how assets, debts, and other financial matters will be handled in the event of a divorce. Prenups can be legally enforceable in Florida. With that being said, you have the right to challenge a prenup. At Williams & Varsegi, LLC, we have experience drafting, negotiating, reviewing, and litigating all types of marital agreements. Here, our Boca Raton divorce lawyer provides an overview of key points to know about challenging the legality of a prenuptial agreement in Florida.
Know the Grounds to Challenge a Prenup in Florida
Coercion (Undue Influence)
To start, a prenuptial agreement in Florida may be thrown out by a court on the grounds that one spouse was coerced—unduly influenced—into signing it. Coercion can involve threats, emotional manipulation, or other versions of undue influence from the more “advantaged” party. In Florida, courts examine whether the signing occurred under any form of pressure. A clear example is being forced to sign right before the wedding without adequate time for review. If one party had a lot of control over the other—financially, emotionally, or otherwise—it could indicate undue influence. Other issues, such as an age gap, can be relevant as well.
Material Misrepresentation (Fraud)
A prenuptial agreement can also be challenged if one party concealed or misrepresented key financial information. Under Florida law, both parties are legally required to disclose all significant assets, liabilities, and income before signing. If one spouse hides substantial debts, overstates assets, or intentionally provides misleading financial disclosures, the agreement may be invalidated.
Unconscionability
Florida policy also includes a general “fairness” requirement for prenups. An unconscionable prenup is one that is grossly unfair to one party. Courts evaluate whether an agreement was so one-sided at the time of signing that enforcing it would be unreasonable. A wide range of case-driven factors may be relevant—from the current/ future financial disparity between the two parties to the fact that one spouse lacked independent legal representation before signing.
Unenforceable Terms
Finally, a prenup in Florida may be challenged on the grounds that it has unenforceable terms. Certain provisions in a Florida prenuptial agreement may be deemed unenforceable if they violate public policy or state law. For example, clauses that waive child support obligations are not permitted, as a child’s right to financial support cannot be contracted away. As a broad matter, a prenup is not the appropriate place to deal with issues related to children in Florida. Those types of terms could result in part (or all) of a prenup being ruled invalid and unenforceable by a court.
Contact Our Boca Raton, FL Divorce Lawyer Today
At Williams & Varsegi, LLC, our Boca Raton divorce attorney has the skills and experience to handle cases involving high-income/high-asset divorce cases. If you have any questions, please do not hesitate to contact our family team today. With an office in Boca Raton, we offer solutions-focused representation to clients throughout all of South Florida.
