When to Dispute a Fort Lauderdale Prenuptial Agreement
Getting a prenuptial agreement in Fort Lauderdale prior to marriage helps clarify financial matters between future spouses. It also clarifies each party’s rights and responsibilities in the event of a divorce.
While a prenup is a legally binding document, there are circumstances where it may be invalid or unenforceable. Our Fort Lauderdale divorce lawyer explains when to dispute a Fort Lauderdale prenuptial agreement and the evidence needed to support your claims.
What Violates a Prenuptial Agreement in Fort Lauderdale?
Section 61.079 of the Florida Statutes governs Prenuptial agreements in Fort Lauderdale. While legally binding, your prenup can be invalidated if it fails to meet legal requirements. Common grounds for disputing a prenuptial agreement in Broward County include:
- Lack of Full Disclosure: Under Florida law, both parties must disclose all assets and debts before entering into a prenuptial agreement. Intentionally failing to disclose financial information is a common reason for challenging a prenup.
- Coercion or Duress: You must enter a prenup of your own free will. It is not enforceable if your spouse coerced, pressured, or otherwise forced you into signing under duress.
- Fraud: If your prenuptial agreement is based on fraudulent statements or misrepresentations by your spouse, you can contest it in a divorce.
- Unconscionability: An unfair prenuptial agreement that benefits only one of the parties can be deemed unenforceable.
Evidence Needed to Dispute a Prenuptial Agreement In Broward County
If filing for a divorce through the Broward County Family Court and you plan to dispute your prenuptial agreement, you must have clear, convincing evidence to support your claims. Examples include:
- Financial Records: To prove a lack of full disclosure or fraud, you may need to provide bank statements, tax returns, professional valuations, and other records.
- Witness Testimony: If you claim coercion or duress, get statements from friends, family members, or others who were present during the discussions or who have knowledge of the circumstances.
- Evidence of Fraud: If you are disputing the prenuptial agreement based on fraud, emails, text messages, or other communications can help show misrepresentations made by your spouse.
- Expert Testimony: In some cases, financial analysts or forensic accountants may be needed to demonstrate that the prenuptial agreement is unconscionable or that financial disclosure was incomplete or misleading.
- Medical or Psychological Evidence: If one party was unable to make an informed decision at the time of signing, testimony from providers and medical records may help support your claims.
Schedule a Confidential Consultation Today With Our Experienced Fort Lauderdale Prenuptial Agreement Lawyer
If you are considering a divorce in Fort Lauderdale and believe that the prenuptial agreement you entered into is unfair or otherwise violates your rights, get professional legal guidance from the Law Office of Vanessa L. Prieto.
We can review your prenup and the circumstances surrounding your case and take the legal actions needed to protect you in court. To schedule a confidential consultation with our Fort Lauderdale prenuptial agreement lawyer, call or contact us online 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
