What Makes A Fort Lauderdale Prenuptial Agreement Unenforceable?
Many couples in Fort Lauderdale sign prenuptial agreements to protect their assets, outline financial expectations, and prevent future disputes. But what happens when one spouse later claims the prenup isn’t valid?
While a properly drafted agreement can bring peace of mind, not all prenups stand up in court. Judges in Broward County review these contracts carefully to ensure they were signed freely, fairly, and with full understanding. If you’re entering or leaving a marriage and worry about your prenup’s enforceability, our experienced Fort Lauderdale prenuptial and postnuptial agreements lawyer explains what could make it invalid.
Common Reasons a Fort Lauderdale Prenuptial Agreement Fails
Prenuptial agreements are increasingly common among engaged couples. They help open communication about financial matters, clarify expectations about money and lifestyle, and protect each party in the event of death or divorce.
Under Section 61.079 of the Florida Statutes, a Fort Lauderdale prenuptial agreement must meet specific legal standards and can be challenged later for several reasons:
- Lack of full financial disclosure: One spouse didn’t reveal all assets, income, or debts before signing.
- Coercion or duress: One of the parties was pressured to sign the prenup, such as right before the wedding.
- Unconscionable terms: The agreement heavily favors one spouse or leaves the other with almost nothing in the event of a divorce.
- Lack of legal counsel: You and your partner don’t need separate lawyers, but getting individual legal counsel helps prove both sides understood the terms.
- Procedural errors: Missing signatures, unclear language, or failure to follow legal formalities can render it void.
The Broward County Family Court doesn’t automatically invalidate unfair terms, but it will strike down a Fort Lauderdale prenuptial agreement that shows any sign of deception, imbalance, or improper execution.
Steps to Protect Your Fort Lauderdale Prenuptial Agreement from Being Challenged
If you already have a prenup or plan to create one, there are ways to ensure it’s both fair and legally sound. Our Fort Lauderdale prenuptial agreement lawyer can guide you through:
- Providing complete financial disclosure with documentation of assets, debts, and income.
- Starting the process early, ideally months before the wedding, to avoid claims of pressure.
- Getting separate legal counsel for each spouse to ensure both parties understand their rights.
- Using clear, plain language to outline property, alimony, and inheritance rights.
- Reviewing and updating the agreement if major life changes occur, such as children, business growth, or inheritance.
These steps protect not only your financial interests but also the agreement’s enforceability if it’s ever reviewed in court.
Contact Our Experienced Fort Lauderdale Prenuptial Agreement Lawyer to Schedule a Consultation Today
Whether you’re preparing to marry or have already signed a prenup in Broward County, having it reviewed by an experienced Fort Lauderdale prenuptial agreement lawyer can prevent significant problems down the road.
At Vanessa L. Prieto Law Offices, we help Fort Lauderdale couples draft, review, and enforce prenuptial agreements that meet every legal requirement and withstand court scrutiny. If you believe your prenup may be at risk or want to ensure it’s fully enforceable, contact our office to schedule a consultation today.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
browardclerk.org/Divisions/Family
