Breaking a Prenuptial Agreement
While prenups are somewhat difficult to void, if you break the terms of the agreement, you could end up having to accept Florida’s divorce laws instead of the terms of your prenup. Depending on the terms, this could work in your favor or against you. There are several reasons why a prenup may be voided, which is why it’s important to have a prenuptial agreement attorney on your side:
- The prenup is fraudulent. If one party undervalued their assets or didn’t disclose all of their assets, and the assets weren’t included in the prenup, the entire agreement can be voided.
- The agreement was signed by a person under duress or by someone who didn’t have the mental capacity to understand the agreement. While this is difficult to prove and the standards vary by state, prenups can be thrown out if it comes to light that the signing circumstances weren’t legitimate.
- The paperwork wasn’t filed correctly. Legal contracts are only enforceable when they’ve been filed correctly. If you’ve made an error during filing, your agreement could be voided. Additionally, if premarital agreements are poorly drafted, they may not be valid.
It’s important to find a qualified prenup lawyer like Theodore Enfield to handle your prenup agreement. By discussing your options and rights, explaining local divorce law and the difference between antenuptial vs. prenuptial, drafting a valid agreement and filing the prenup appropriately, you’ll be protected throughout the marriage and in the event of a divorce. You’ll also want an experienced prenup attorney on your side if one party breaks the premarital agreement or if you feel that the agreement is unfair.