How Broward County Courts Decide Whether To Enforce A Fort Lauderdale Prenuptial Agreement
Getting a prenuptial agreement in Fort Lauderdale helps set expectations for a marriage, provides transparency in financial matters, and helps establish more effective communications. Of course, it also protects each party in case of a divorce. However, not every prenup holds up in court.
In Broward County divorce proceedings, judges evaluate numerous factors in determining the validity of a Florida prenuptial agreement. Our Fort Lauderdale prenuptial agreement lawyer explains what you need to know about these documents and how they are enforced under Florida law.
When A Fort Lauderdale Prenuptial Agreement May Be Deemed Invalid
Prenuptial agreements are increasingly popular among couples of all ages. By encouraging transparency and open communication it can help strengthen a marriage.
However, there is no denying the high divorce rate in Florida, which the Centers for Disease Control and Prevention (CDC) reports is among the top in the country. If your marriage does not work out, having a Fort Lauderdale prenuptial agreement in place provides important protections, dictating each party’s rights to property and assets.
Florida law generally favors the enforcement of prenuptial agreements, but courts won’t hesitate to strike one down if it violates legal standards. Under the Florida Uniform Premarital Agreement Act (Florida Statutes § 61.079), common reasons the Broward County Family Court may refuse to enforce a Fort Lauderdale prenup include:
- One of the spouses was pressured or coerced into signing.
- The prenup was signed without proper legal representation or time to review.
- One party failed to fully disclose all premarital assets or debts, such as credit card charges, medical bills, or student loans.
- The terms are grossly unfair or would leave one party destitute post-divorce.
- The agreement attempts to determine rights to child time-sharing or child support, prohibited under Florida law.
Disputing the Validity of a Fort Lauderdale Prenuptial Agreement
Getting a divorce in Fort Lauderdale but have concerns about a prenuptial agreement? To invalidate it, you will need to present evidence in the Broward County Family Court that supports your position. Common types of evidence in these cases includes:
- A copy of your prenuptial agreement and any amendments made to it.
- Financial records showing incomplete or false disclosures.
- Prior tax returns, bank statements, and other documents showing the prenup unfairly favors one party over the other.
- Written communications or witness statements regarding coercion or duress.
- Documentation that one party lacked access to legal counsel or adequate review time.
Contact Our Experienced Fort Lauderdale Prenuptial Agreement Lawyer
Whether you are looking to put a Fort Lauderdale prenuptial agreement in place or want to dispute the terms of an existing one in a divorce, it’s important to understand what the court considers in determining whether it is enforceable.
Vanessa L. Prieto provides legal guidance you can count on and takes the actions needed to protect your rights. To discuss your case, call or contact us online. Schedule a confidential consultation today with our experienced Fort Lauderdale divorce lawyer.
Sources:
cdc.gov/nchs/pressroom/sosmap/divorce_states/divorce_rates.htm
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
browardclerk.org/Divisions/Family
