Could bad drafting and negotiating sink your "prenup"?

When celebrities and wealthy people get divorced, details about those legal proceedings usually make the news headlines. And, one term that often comes up in those cases is "prenuptial agreement." Our readers in Florida probably know that the point of these documents is to protect assets and keep them separate in the event that a marriage ends in divorce. But, could bad drafting and negotiating in the lead up to signing the document actually invalidate a "prenup"?

The short answer is yes. While every prenup will be unique to the realities of each individual relationship that is the subject of the document, there are certain requirements that need to be met or, in the worst-case scenario, a court may invalidate the document if and when it is set to be enforced. Florida residents should be mindful of these requirements if they want to have the best chance to have their prenups enforced when they are needed.

First and foremost, like most other legal agreements, prenups need to be in writing and they need to be signed before the couple actually gets married. But, the document can't just be written up by one side and presented to the other in a "take it or leave it" manner just before they walk down the aisle. Both sides must read and understand the terms of the document, and they must also have adequate time to review the document, potentially even with separate attorneys.

The documents also must be very thorough, including all of the most accurate and up-to-date information that can be impacted by the terms of the prenup. If the document is incomplete or contains false information, it could be invalidated when it is time for the document to be enforced. Each prenup is unique, so Florida residents who are having issues with a prenup will want to get more information about their own unique situation.

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