Navigating the waters of prenuptial agreements can be complex and, for some couples, fraught with anxiety. However, understanding what can potentially render a prenup invalid is crucial. In this post, we'll uncover the pitfalls that can undermine the validity of a prenup.
If you suspect your prenup may contain issues, contacting a legal team well-versed in family law is imperative.
Undisclosed Assets & Income
If you deliberately conceal the existence of specific assets and income from your spouse and neglect to disclose them in your prenuptial agreement, the prenup can potentially be nullified by a Florida court.
This is due to the inclusion of false information about your assets, which can undermine the validity of the agreement. It is crucial to ensure transparency and honesty when entering into such legal agreements to avoid any potential legal complications in the future.
Signed Under Duress
Consent is another important aspect of prenuptial agreements. If one party was pressured or intimidated into signing the prenup, or if it was signed under conditions that could be considered coercive or against someone’s free will, the agreement can be invalidated.
Moreover, if one party is intoxicated or under the influence of substances while signing the prenuptial agreement, it could be argued that they lack the mental capacity to do so. It is crucial that both individuals willingly and voluntarily sign the document, free from any outside influence or coercion.
Illegal or Unfair Provisions
In order for a prenuptial agreement to be considered valid, it is crucial that the terms outlined within the agreement comply with the law. Additionally, if the provisions of the agreement are deemed excessively personal and unjust, it could render the entire agreement invalid.
For example, an unfair provision could involve one spouse noting that, in the event of marriage dissolution, they shall be entitled to retain all assets and possessions, leaving the ex-spouse with nothing. This type of provision, which heavily favors one party over the other, raises significant concerns about the fairness and legitimacy of the prenuptial agreement.
Clerical Errors
A clerical error might seem minor, but when it comes to legal documents, even the smallest error can be significant. Incorrect names, erroneous dates, or other typos that cause confusion about the terms or parties involved have the potential to invalidate a prenup.
Improper Execution
The execution process of a prenup must adhere to legal standards, including witness requirements and proper documentation.
For example, in Florida, a prenup must be in writing and signed before the wedding. Failure to follow the formalities specified by state laws is another route to invalidation. This is where the guidance of a seasoned prenup lawyer can help you avoid mistakes during the execution phase.
Contains Invalid Family Law Provisions
Family law provisions that overstep the agreement's boundaries, such as child support terms or custody arrangements, cannot be predetermined in a prenuptial agreement. Should a prenup contain such provisions, it could jeopardize its validity.
Get in Touch with Our Team
Prenuptial agreements are complex legal instruments that serve to protect both individuals entering into marriage. They must be constructed with care, diligence, and legality to ensure they fulfill their intended purpose. With this knowledge as a guide, couples can work to avoid the common pitfalls that render a prenup invalid.
If you're in the process of drafting a prenup or have concerns about one you've already signed, don't hesitate to reach out to our prenup lawyers at Orshan, Spann & Fernandez-Mesa. We can listen to your unique situation, concerns, and goals to assist you in crafting a prenuptial agreement tailored to your specific needs.
Reach out to our team to learn more about how we can help. Dial (305) 853-9161 or send us a message online.
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