Can Prenuptial Agreements Can Be Deemed Invalid?
Multiple benefits to a prenuptial agreement
Among its other benefits, a prenuptial agreement is supposed to be a way to ease the process in the event the marriage goes south. It outlines everything from finances to assets and more. Since it is a binding contract that both soon-to-be spouses must agree on, the terms of the agreement are typically set in stone yet some circumstances may invalidate the agreement.
Can a prenuptial agreement be deemed invalid?
Let’s say that one of the parties argues that the agreement was not executed voluntarily or that they were coerced or under duress when they agreed to the signing. This is one example of how the contract could be contested and, therefore, potentially deemed invalid.
Should you choose to sign a prenuptial agreement, it is imperative to provide full financial disclosures, or it may be invalidated. Furthermore, you must give your future spouse the agreement with sufficient time to contemplate and go over the terms and disclosures or the agreement will be invalidated. Additionally, if they do not sign the agreement, a person should never menace their fiancé with consequences as the threats can be used to invalidate the agreement.
This update is provided by the firm Rafool, LLC. We have a strong reputation throughout Florida and we have numerous years of experience representing clients involved in complex divorce cases as well as other family law matters. Should you have any domestic or family issue, we are here to assist you by providing educated advice and skilled, professional advocacy. Call 305-567-9400 to speak with a Miami family law lawyer or a Miami FL divorce attorney. This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.