Can you invalidate a prenuptial agreement in Florida?

On Behalf of | Sep 12, 2021 | Divorce

No one gets married expecting to one day get a divorce. Unfortunately, many Jacksonville, Florida marriages do not survive. If you and your spouse signed a prenuptial agreement before taking your vows, it is wise to examine the document ahead of your divorce.

If you believe the provisions in your prenup have placed your property rights in jeopardy, you might be able to have the agreement invalidated. Most people benefit from legal guidance when seeking to invalidate prenuptial agreements.

Look for questionable prenup provisions like these

Unless you work in the legal profession, you probably do not know how to identify invalid prenuptial agreement provisions. The emotional chaos surrounding divorce can also impact your ability to spot potentially invalid provisions. We have provided four examples below to help you identify questionable prenup terms.

  1. Child-related matters. If your prenup addresses child-related issues like custody or child support, a Florida family court will almost certainly invalidate the agreement.
  2. Divorce incentives. Family courts do not like any prenuptial agreement provisions that encourage a breakup, such as the promise of a financial reward through a divorce.
  3. Personal provisions. A court may invalidate prenups that focus on personal matters such as which spouse performs household chores rather than financial topics.
  4. Anything illegal. Valid prenuptial agreements cannot contain any provisions encouraging either party to engage in unlawful acts.

Divorce laws in Florida can be complex and confusing to those wanting to end a marriage, especially in first-time divorces. Learning about these and other laws relevant to your situation can ensure your divorce proceeds smoothly and without putting your property rights at risk.