When a Prenup Isn’t as Ironclad as It Seems
Prenuptial agreements are powerful legal tools designed to provide financial clarity and reduce conflict in the event of divorce. For many couples, they bring a sense of security and structure into the marriage. But not all prenuptial agreements are enforceable. Under Florida law, a prenuptial agreement—no matter how well-written—can be challenged and potentially set aside if it was executed improperly, signed under duress, or contains terms that violate the law.
In high-net-worth divorces, or in situations where one spouse significantly benefits from the prenup while the other is left financially vulnerable, legal scrutiny is inevitable. Just because an agreement exists does not mean it will control the outcome of your divorce. Whether you are seeking to enforce or challenge a prenuptial agreement, it is essential to understand the legal standards and procedural strategies involved.
A Tampa divorce lawyer who regularly litigates premarital agreements can evaluate whether a challenge is likely to succeed and can present your case effectively to the court. This article examines the legal grounds for contesting a prenuptial agreement in Florida, the evidence required, the timing of challenges, and how courts analyze claims of unfairness, coercion, or fraud.
Understanding Florida’s Statutory Framework: The UPAA
Florida follows the Uniform Premarital Agreement Act (UPAA), codified in Florida Statutes § 61.079. Under this law, a prenuptial agreement is valid and enforceable so long as it is:
- In writing
- Voluntarily executed by both parties
- Entered into before marriage
- Not unconscionable at the time of execution
- Accompanied by fair and reasonable disclosure, unless waived
While the statute provides a strong presumption in favor of enforceability, it also includes specific grounds for invalidation. A Tampa divorce lawyer will analyze the facts surrounding the prenup to determine whether any of these grounds apply.
Ground #1: Lack of Voluntary Execution
One of the most common bases for challenging a prenuptial agreement is that it was not entered into voluntarily. Under Florida law, an agreement must be signed without duress, coercion, or undue pressure.
Indicators of involuntary execution may include:
- Signing the agreement shortly before the wedding date
- Threats to cancel the wedding unless the agreement is signed
- Lack of time to review the document or consult with counsel
- One party being pressured by family members or financial leverage
- Signing the document under emotional distress or psychological manipulation
A Tampa divorce lawyer can gather evidence showing the surrounding circumstances at the time of execution. This may include emails, text messages, testimony from witnesses, and evidence of timing or rushed execution.
Courts evaluate voluntariness based on the totality of the circumstances. If one spouse was unfairly pressured or lacked the opportunity to understand the agreement, a court may invalidate it.
Ground #2: Lack of Fair and Reasonable Financial Disclosure
A prenuptial agreement can also be set aside if one party did not receive a fair and reasonable disclosure of the other’s financial circumstances before signing.
Florida Statutes § 61.079(7)(a)(2) allows the court to invalidate an agreement if:
- One party did not receive a fair and reasonable disclosure of the other party’s property or financial obligations,
- Did not voluntarily waive, in writing, any right to such disclosure,
- And did not have adequate knowledge of the other party’s financial circumstances
This is especially important when there is a significant financial imbalance between the parties. A Tampa divorce lawyer will request financial affidavits, asset disclosures, and evidence of what was shared—or not shared—at the time of execution.
If a party concealed significant assets or debts and the other spouse had no way to discover the omission, the court may find the agreement unenforceable.
Ground #3: Unconscionability at the Time of Execution
An agreement that is fundamentally unfair at the time it was signed may be set aside under Florida law. “Unconscionability” requires both procedural and substantive unfairness.
Procedural unconscionability refers to:
- One-sided negotiation processes
- Unequal bargaining power
- Lack of opportunity to consult with counsel
- Surprise or confusion over terms
Substantive unconscionability involves:
- Grossly unequal terms
- Waivers that leave one party destitute or without basic support
- Clauses that violate public policy (e.g., waiving child support)
Courts are hesitant to invalidate agreements simply because they favor one party. But if the agreement is so lopsided as to shock the conscience, a Tampa divorce lawyer may succeed in challenging it.
Ground #4: Fraud or Misrepresentation
If a spouse lied or made false statements to induce the other to sign the agreement, the court may find fraud. This includes:
- Misrepresenting asset values or income
- Failing to disclose existing debts
- Hiding ownership of businesses, accounts, or real estate
- Making promises that were never intended to be kept
Fraud claims require clear and convincing evidence. A Tampa divorce lawyer will review bank records, tax filings, and corporate documents to identify inconsistencies.
If fraud is proven, the court can invalidate part or all of the prenuptial agreement.
Ground #5: Agreements That Violate Public Policy
Certain terms in a prenuptial agreement will not be enforced, even if both parties agreed to them. For example:
- Waiving child support is not enforceable
- Parenting decisions cannot be predetermined in a prenup
- Encouraging divorce or illegal conduct is void against public policy
While the rest of the agreement may still be valid, these terms will be severed. A Tampa divorce lawyer may challenge the agreement in whole or in part if it contains clauses that offend Florida’s legal standards.
Timing of Challenges: When Can You Contest a Prenuptial Agreement?
A party may challenge a prenuptial agreement:
- During divorce litigation (most common)
- Before the marriage (if enforcement is attempted for another reason)
- In post-judgment modification or enforcement proceedings
The best time to challenge is at the outset of the divorce case. A Tampa divorce lawyer will file a motion to determine enforceability of the prenuptial agreement early in the litigation process. Courts may conduct evidentiary hearings to determine whether the agreement should stand.
Waiting until late in the process may limit the available remedies and may be viewed as tactical rather than substantive.
Evidence Used to Challenge Prenuptial Agreements
Successfully challenging a prenuptial agreement requires more than allegations—it requires evidence. A Tampa divorce lawyer will gather:
- Drafts of the agreement, showing revisions or coercion
- Emails and texts discussing the agreement
- Bank and asset records from the time of execution
- Testimony from witnesses who observed the signing
- Notes from legal counsel (if shared or available through waiver)
- Expert testimony on asset valuation or financial disclosure standards
The more contemporaneous records available, the better the chance of convincing the court to invalidate or modify the agreement.
Can You Invalidate Only Part of a Prenup?
Yes. Florida courts can strike out specific provisions while leaving the rest intact. This is known as “severability.” For example:
- The court may void an alimony waiver if it leaves one spouse destitute
- A provision waiving future support for disabled children may be struck down
- A clause that restricts access to the courts may be invalidated
A Tampa divorce lawyer may seek partial invalidation while preserving favorable terms. Courts aim to uphold agreements to the extent they comply with Florida law.
Defending Against a Challenge: What If You’re Trying to Enforce the Agreement?
If you’re the spouse seeking to uphold the prenuptial agreement, the burden may shift to the challenger to prove why it should be invalidated. A Tampa divorce lawyer defending the agreement will present:
- Signed financial disclosures
- Written waivers of additional disclosure
- Evidence that each party had legal counsel
- Documentation showing the agreement was signed well in advance of the wedding
- Testimony about the voluntary nature of the process
Courts generally favor enforcing agreements that are fairly negotiated, properly documented, and reasonable in scope.
Prenuptial Agreements and Alimony Waivers
Florida allows spouses to waive or limit alimony in a prenuptial agreement. However, these waivers can be challenged if they leave one party in financial hardship and the circumstances at enforcement differ dramatically from the time of signing.
For example:
- A spouse waives alimony but becomes disabled during the marriage
- The marital standard of living was far higher than contemplated at signing
- The waiver is so broad that it leaves one spouse impoverished
A Tampa divorce lawyer can argue that enforcement would be inequitable, especially in long-term marriages where circumstances have changed.
Prenuptial Agreements and Inheritance Rights
Florida law permits prenuptial waivers of elective share, homestead rights, and rights to intestate succession. However, such waivers must be:
- Voluntary
- Based on full disclosure
- Expressly stated in the agreement
If a spouse claims they were unaware of their inheritance rights—or the value of what they were waiving—a Tampa divorce lawyer may seek to invalidate that portion of the agreement, especially in probate or post-divorce estate disputes.
Mediation and Settlement Options
Challenging a prenuptial agreement doesn’t always require a court battle. In many cases, the challenge itself becomes a catalyst for negotiation. A Tampa divorce lawyer may use the threat of invalidation to:
- Obtain a more favorable property division
- Secure alimony despite a waiver
- Modify terms without invalidating the entire agreement
Settlement can preserve privacy and reduce legal fees. Courts often encourage parties to reach their own resolutions rather than litigate every detail.
How Judges View Prenuptial Agreements in Practice
Family court judges respect the freedom of contract but remain vigilant against unfairness. They consider:
- The sophistication and education level of each party
- Whether each party had legal counsel
- Whether disclosure was complete and accurate
- The timing and circumstances of execution
- The overall fairness of the result
A Tampa divorce lawyer will frame the challenge or defense in a way that aligns with the judge’s discretion and perspective.
Postnuptial Agreements and Amendments
Even if a prenuptial agreement is valid, the spouses may have entered a postnuptial agreement or modified the original terms. These agreements are subject to the same scrutiny as prenups and may be challenged for the same reasons.
If a postnup contradicts or supersedes the prenup, the court will evaluate both. A Tampa divorce lawyer must determine which document controls and whether later agreements affect enforceability.
Conclusion: Prenups Are Not Beyond Challenge
While prenuptial agreements are presumptively valid in Florida, they are not immune to challenge. Whether due to lack of disclosure, coercion, unfair terms, or fraud, courts are willing to invalidate or modify agreements that don’t meet statutory and equitable standards.
A Tampa divorce lawyer can guide you through the process of evaluating a prenup’s enforceability and help you build a case for or against its validity. With proper legal strategy, evidence, and courtroom advocacy, you can protect your rights and ensure that your divorce is resolved on fair and lawful terms.
FAQ: Challenging a Prenuptial Agreement in Florida
Can I challenge a prenuptial agreement in Florida?
Yes. You can challenge a prenup if it was not signed voluntarily, lacks full disclosure, is unconscionable, or was based on fraud.
What makes a prenuptial agreement unenforceable?
Coercion, lack of financial disclosure, signing under duress, unfair terms, or violations of public policy can all invalidate an agreement.
Can a prenup waive alimony in Florida?
Yes, but the waiver must be fair and not leave a spouse in destitution. Courts can override waivers in extreme hardship cases.
What if I didn’t have a lawyer when I signed the prenup?
Lack of counsel alone doesn’t invalidate a prenup, but it can support a claim of involuntariness or lack of understanding.
Can a prenup be partially invalidated?
Yes. Courts can strike specific terms (like child support waivers) while enforcing the rest of the agreement.
How soon before the wedding must a prenup be signed?
There is no fixed timeline, but signing too close to the wedding may support a claim of duress or lack of time for review.
Can I challenge a prenup after many years of marriage?
Yes, especially if circumstances have changed significantly or you discover facts that were hidden at the time of signing.
Does remarriage affect a prenuptial agreement?
Only if the agreement states that it terminates upon remarriage. Otherwise, its terms remain in effect unless revoked in writing.
Can a prenup control parenting time or child support?
No. Florida courts will not enforce clauses that predetermine child custody or waive child support rights.
How do I start the process of challenging a prenup?
Speak with a Tampa divorce lawyer. They will review the document, gather evidence, and file the appropriate motion with the court.
The McKinney Law Group: Divorce Attorneys in Tampa Providing Structure During Uncertainty
Divorce brings emotional and financial uncertainty—but your legal process shouldn’t. At The McKinney Law Group, we give Tampa clients the structure and guidance they need to navigate divorce with focus, confidence, and a clear plan forward.
We assist with:
✔ Preparing and filing for divorce in Florida courts
✔ Structuring parenting plans and addressing relocation concerns
✔ Dividing assets ranging from homes to investment portfolios
✔ Determining alimony and child support obligations
✔ Revising orders when your life circumstances change
Call 813-428-3400 or email [email protected] to schedule a consultation.