Florida judges can set aside or refuse to enforce prenuptial agreements under certain circumstances. Prenups are generally binding contracts that courts respect, but they’re not absolutely bulletproof. If your agreement has serious flaws or was created under questionable circumstances, a judge has the authority to throw it out partially or completely. At The McKinney Law Group, we’ve seen judges scrutinize prenups closely when one spouse challenges their validity, and honestly, the outcome depends heavily on the specific facts of each case.
Under What Circumstances Will A Judge Set Aside A Prenup?
Florida courts can override prenuptial agreements for several specific reasons. The most common grounds? Fraud, duress, coercion, failure to disclose assets, or unconscionability at the time of signing. If one spouse can prove any of these issues existed when the prenup was created, a judge may decide not to enforce it. But it’s not enough to simply regret signing the agreement later. You need solid evidence that something was fundamentally wrong with how the prenup was created or what it contains.
What Does Unconscionability Mean In Florida Prenup Cases?
Unconscionability means the agreement is so one-sided and unfair that enforcing it would be unjust. But here’s the catch. The agreement has to have been unconscionable at the time you signed it, not just seem unfair now because circumstances changed. Florida courts look at whether the terms were shockingly unfair when you entered the marriage. Did one spouse get everything while the other got essentially nothing? Was there a massive imbalance in bargaining power that one party exploited? These are the questions judges ask. A Florida prenup lawyer can evaluate whether your agreement might meet the legal standard for unconscionability based on the specific terms and circumstances surrounding its creation.
How Does Fraud Affect Prenuptial Agreement Enforcement?
Fraud occurs when one party intentionally misrepresents or conceals important information. In prenup cases, this usually involves hiding assets or lying about financial circumstances. If your spouse claimed to have $100,000 in assets but actually had millions stashed away, that’s fraud. Florida law requires full financial disclosure before signing a prenup. Period. Both parties need to know what they’re giving up or protecting. When that disclosure is incomplete or deliberately deceptive, judges won’t enforce the agreement. They can’t make an informed decision about fairness without knowing what was actually on the table.
Can A Judge Override A Prenup If It Was Signed Under Pressure?
Yes. Coercion or duress can invalidate a prenuptial agreement. This happens when one party is forced or pressured into signing without real choice. Common examples include:
- Presenting the prenup days before the wedding with threats to cancel
- Using emotional manipulation or threats
- Taking advantage of a significant power imbalance
- Refusing to marry unless the other party signs immediately
Timing matters here. A lot. If you signed the prenup with adequate time to review it and consult an attorney, claims of duress become much harder to prove. But if someone shoved papers at you three days before your destination wedding? That’s a different story.
What If Both Parties Didn’t Have Lawyers When Signing The Prenup?
Florida doesn’t strictly require both parties to have separate attorneys, but not having independent legal representation can be a red flag for courts. If one spouse had a lawyer draft the agreement and the other spouse signed without any legal advice, a judge might view that skeptically. This is especially true if the agreement heavily favors the spouse who had legal representation. Courts want to see that both parties understood what they were signing and had a fair opportunity to negotiate terms. Without a lawyer, how could you possibly know if you were getting a fair deal or signing away rights you didn’t even know you had?
Can A Judge Modify Certain Provisions While Keeping Others?
Sometimes. Florida judges can invalidate specific provisions of a prenup while enforcing the rest, depending on how the agreement is written. If one clause is unconscionable or illegal but the remaining terms are fair and valid, the court might sever the problematic section and uphold everything else. This is why well-drafted prenups include severability clauses. They state that if one provision fails, the others remain enforceable. It’s insurance against losing the entire agreement because of one bad clause.
Does The Length Of The Marriage Affect Prenup Enforcement?
The length of your marriage can influence how courts view prenuptial agreements, particularly regarding alimony waivers. A prenup signed before a two-year marriage might be enforced differently than one signed before a 25-year marriage, especially if circumstances have changed dramatically over those decades. Duration alone won’t invalidate a properly executed agreement, though. It’s one factor among many that judges consider when evaluating fairness and whether enforcement would be appropriate given how the marriage actually unfolded.
What Happens If Circumstances Change Significantly After Signing?
Generally, changed circumstances after you signed the prenup don’t allow a judge to override it. Prenups are designed to anticipate life changes. The fact that one spouse became wealthier or circumstances shifted doesn’t automatically make the agreement unenforceable. The agreement had to be unconscionable or fraudulent when you signed it, not when you’re getting divorced years later. That’s a fundamental principle Florida courts follow. You can’t escape a valid contract just because you don’t like how things turned out.
How Can You Protect Your Prenup From Being Overturned?
The best protection is creating a fair agreement with proper procedures from the start. Both parties should have independent legal counsel. Full financial disclosure should occur well before the wedding, not the night before. And the terms shouldn’t be shockingly one-sided or punitive. A Florida prenup lawyer can help draft an agreement that withstands court scrutiny while still protecting your interests effectively.
If you’re facing a divorce and are concerned about whether your prenuptial agreement will hold up in court, we can review the agreement’s terms and how it was created to assess its enforceability. We’ll look at the circumstances surrounding its execution, the fairness of its provisions, and whether any grounds exist for challenging it, then discuss your options moving forward based on what we find.