A prenuptial agreement is a contract that two people enter into when they decide that they want to be married. As with all contracts, Florida residents who desire to create prenuptial agreements should ensure that their interests are represented and protected in their documents before they sign them and make them binding. Certain factors that may be present during the course of the creation of a prenup may, however, subject it to challenges of fairness should the partners to the couple later choose to divorce.
One way that a prenup may be deemed unfair is if one of the party’s fails to disclose all of their assets to the other at the time the prenuptial agreement is drafted. A person who hides assets from their future spouses may be considered to be acting in bad faith and on this assertion their prenup may be deemed invalid by a court.
Similarly, a prenuptial agreement may be considered unfair if one of the parties coerced or pressured the other into signing the document. Individuals must be allowed to exercise their free will when choosing to bind themselves to contracts and therefore the presence of coercion at the time of a prenup’s execution may expose that contract to scrutiny.
Deceit, force, and other actions taken by the parties to prenuptial agreements can all invalidate such documents and render the parties free from their obligations under them. It is always a good idea for individuals to have their family law attorneys review their prenuptial agreements before they sign them. Having legal professionals involved in the process can help individuals to avoid entering into unfair contracts.