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Combating claims that a premarital agreement is unenforceable

On Behalf of | Aug 11, 2022 | Divorce, Family Law |

When Floridians have a premarital agreement, they are doing so as a means of protection. It is important to remember that there are certain requirements to make the agreement enforceable. If these are met, then there should be an adequate justification for it to be enforced.

Still, when a couple decides to divorce, there is a chance that the person who was asked to sign a premarital agreement alleges that it is unenforceable. Knowing the law for these agreements and when it is valid is crucial to make sure it stands up to scrutiny.

When will a premarital agreement be unenforceable?

A premarital agreement can be unenforceable for several reasons. The agreement must be completed on a voluntary basis. If the person asked to sign it was not doing it of their own volition, then it could be unenforceable. Being forced to sign it through fraud would be a reason for the agreement to be nullified. Perhaps a person was under the impression that their spouse had fewer assets than they have. Or they might have been threatened into signing it.

A key to a premarital agreement is fairness. It might be categorized as unfair (unconscionable according to the law) if there was not a full disclosure of the assets and obligations; if the person did not waive their right to receive that disclosure; or they did not have or could not have had sufficient knowledge of the finances of the other party.

Spousal support is a frequent aspect of a premarital agreement. If the document leaves the person who signed it in need of public assistance due to the lack of spousal support, then this could be enough to ignore the agreement and compel the payment of support so they are not eligible for that assistance.

For disputes over premarital agreements, having legal guidance can be key

Simply because there are claims that a premarital agreement should not be enforced does not make them true. The person accused of any of these acts must be prepared from the start that there could be an attempt to contest the agreement. The goal of a premarital agreement is to have certainty about property division, spousal support and what the future obligations – if any – are. When a person contests the agreement, gathering evidence and ensuring it stands up is important.