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Prenuptial agreements are no longer reserved for celebrities or the very wealthy. Couples all across Florida make the decision to sign a prenup before getting married in order to protect themselves financially in the event of a divorce. Sometimes people have specific assets they wish to protect; sometimes they want to set some rules for matters like spousal support.

However, it is important to note that there can be some vulnerabilities when it comes to these agreements. In some situations, there may be reason or grounds to challenge a prenup.

As this article notes, there are many reasons why a prenup or individual clauses may be found to be invalid and unenforceable. We will break them down into three different categories: unlawful terms, fraud and improperly executed.

  1. A prenup may be challenged if it includes terms or restrictions that are unlawful. For instance, generally speaking, a prenup cannot include guidelines for child support or alimony waivers. There are also many instances where lifestyle clauses like personal preferences are struck down. Further, there cannot be clauses that appear to encourage divorce.
  2. If a person failed to disclose certain assets or lied about financial matters in a legal document, this could be considered fraud. An agreement based on or including false information can be deemed invalid.
  3. A prenuptial agreement must be executed properly so that it can be legally enforced. This means it must be in writing and signed by both parties. Additionally, both parties should have had sufficient time to review the document with an attorney and should not be pressured into signing. If these requirements are not met, the document can be thrown out.

As we stated earlier, a prenuptial agreement can be a valuable and beneficial resource for spouses in all types of marriages. However, their efficacy is only as good as the document itself.

If you have questions or concerns about creating, challenging or defending a prenuptial agreement, it can be wise to discuss your situation with an attorney. 

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Fort Myers Family Law

Sheldon E. Finman, P.A.
2134 McGregor Boulevard
Fort Myers, FL 33901

Toll Free: 877-214-3207
Phone: 239-332-4543
Fax: 239-334-7828
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