A prenuptial agreement should begin with honesty. Full disclosure is not just a courtesy. In Florida, it is a requirement. When one spouse conceals assets or omits key financial information, it can shake the foundation of the entire agreement. If discovered later, that lack of transparency can give a court reason to strike the prenup in part or in full. This is not speculation. Florida courts take financial disclosure seriously, especially when the agreement includes waivers of alimony or property division rights.
Many people signing prenups in Florida are focused on outcome. They want to protect a business, exclude a home, or cap spousal support. They may treat disclosure as an afterthought. That’s a mistake. You can have a perfectly drafted document that fails because it did not begin with an honest financial conversation. A Tampa prenup lawyer will not let that happen.
This article covers the consequences of incomplete disclosure, what Florida law requires, what courts will consider, and how to protect yourself and your agreement before, during, and after signing.
The Role of Disclosure in a Florida Prenup
In Florida, both parties to a prenuptial agreement must either:
- Provide a fair and reasonable disclosure of their financial information, or
- Sign a written waiver stating they voluntarily give up the right to receive that information
You cannot do both poorly. If disclosure is vague, incomplete, or misleading, and the waiver is absent or invalid, the agreement is vulnerable.
Florida’s Uniform Premarital Agreement Act (UPAA) gives judges the power to refuse enforcement if:
- The agreement was not entered into voluntarily, or
- The agreement was unconscionable when signed and the complaining party:
- Was not provided a fair and reasonable disclosure,
- Did not voluntarily waive that disclosure in writing, and
- Did not have, or reasonably could not have had, adequate knowledge of the other party’s financial circumstances
These conditions place real weight on disclosure. A Tampa prenup lawyer will ensure that your asset and debt disclosures are documented and attached to the agreement so that there is no doubt.
What Counts as “Fair and Reasonable” Disclosure?
The law does not require an audited financial statement. But the disclosure must allow the other person to make an informed decision. That means it should include:
- Lists of real property with approximate values
- Bank accounts and balances
- Brokerage accounts and holdings
- Business interests and valuations
- Retirement accounts and current balances
- Debts and liabilities
- Expected inheritances or trust interests (if known)
The idea is not perfection. The idea is access to meaningful information. If one spouse owns multiple LLCs and reports only one, that may be a problem. If a spouse lists a bank account but omits the fact that it holds $2 million, that is not fair or reasonable.
A Tampa prenup lawyer will guide clients in producing disclosures that are specific, legible, and organized. Disorganized or incomplete records open the door to future conflict.
What Happens If Disclosure Is Incomplete?
The answer depends on timing and discovery. If the non-disclosing spouse hides assets and the issue is never raised, the agreement may remain intact. But if the other party discovers the omission and brings it before a judge, the court has options.
The judge may:
- Invalidate the entire agreement
- Strike only certain provisions, such as waivers of spousal support
- Apply equitable remedies like reclassification of assets
- Award attorney’s fees to the spouse who challenged the prenup
The court will not automatically toss out the document. It will ask questions.
- Was the omission intentional?
- Was it significant?
- Did the other spouse rely on incomplete information?
- Would a reasonable person have signed the agreement if they knew the truth?
A Tampa prenup lawyer will always err on the side of full disclosure, even when the client is reluctant to share personal details.
What If the Non-Disclosing Spouse Claims It Was a Mistake?
Omissions are not always malicious. Sometimes people forget assets. Sometimes they underestimate values. Sometimes they do not understand what disclosure means.
Even so, Florida law holds parties accountable. If the omission is material and the agreement is unfair, the judge may not care whether it was accidental.
The best defense against mistakes is documentation. Include:
- Financial schedules as exhibits to the prenup
- Signed acknowledgments that the disclosure was reviewed
- Statements that the parties believe the disclosure is complete
- Language allowing for supplemental disclosure before the wedding
A Tampa prenup lawyer can also recommend working with a CPA or financial advisor to verify balances and compile supporting materials.
What If There Is a Valid Waiver of Disclosure?
Florida law allows parties to waive their right to receive financial disclosure. This waiver must be:
- In writing
- Voluntarily executed
- Signed by the waiving party
A proper waiver can protect the agreement even if disclosure was incomplete. But the waiver must be knowing and intelligent. It must be part of the agreement. It cannot be buried. It cannot be implied.
Even with a waiver, the agreement must still meet the other legal requirements. It must not be unconscionable. It must not result in one party being left destitute. It must not hide assets while pretending to share them.
A Tampa prenup lawyer will include waiver language that meets statutory standards and defends against future attack.
How Courts Evaluate Claims of Nondisclosure
When one spouse claims that the prenup should be invalidated due to nondisclosure, the judge will evaluate credibility, intent, and context.
The court may examine:
- The value and nature of the omitted asset
- Whether the omission was deliberate or negligent
- Whether the other party had any independent knowledge of the asset
- Whether the agreement was otherwise fair and balanced
- The level of legal sophistication of each party
- Whether both parties had legal counsel
A large hidden asset is more likely to result in invalidation than a minor oversight. A Tampa prenup lawyer will anticipate these arguments and structure the agreement accordingly.
What If the Assets Are Hidden After the Wedding?
A prenuptial agreement is based on disclosures made before marriage. If one spouse hides or transfers assets after the agreement is signed, that may be relevant in divorce but does not usually invalidate the prenup itself.
Still, if the post-marriage concealment affects the property division or spousal support provisions of the agreement, the court may intervene. Judges in Florida have the power to enforce transparency and punish bad faith.
A Tampa prenup lawyer can add language that requires continued transparency throughout the marriage or imposes penalties for asset concealment in the event of divorce.
Strategies to Prevent Problems With Disclosure
The best defense is preparation. Here are strategies to protect your agreement:
- Use a financial disclosure form that is consistent, comprehensive, and signed
- Attach bank and brokerage statements as exhibits to the agreement
- Include real estate deeds or property appraisals where possible
- List debts alongside assets, even if they are small
- Have each party sign an acknowledgment that they reviewed and understood the disclosure
- Keep scanned copies of all exhibits with the final document
A Tampa prenup lawyer can provide templates for these documents and coordinate with financial advisors to ensure accuracy.
What If You Discover Nondisclosure After the Marriage?
If the marriage is intact, you can negotiate a postnuptial agreement to correct or replace the prenup. This allows both parties to update their disclosures and affirm their understanding of current financial circumstances.
If divorce is already underway, you can file a motion challenging the prenup. You may request discovery, subpoenas, and depositions. You may argue that the agreement should be set aside due to lack of full and fair disclosure.
A Tampa prenup lawyer can evaluate the strength of your claim and build a strategy for either defending or challenging the agreement.
Rebuilding Trust After Financial Omission
If one spouse omitted an asset and the other finds out, the damage is not just legal. It’s emotional. The trust that forms the foundation of a relationship can erode quickly.
To rebuild that trust, both spouses must:
- Acknowledge the issue honestly
- Share updated financial information
- Revise the agreement through a postnup if necessary
- Work with professionals to ensure clarity
A Tampa prenup lawyer can mediate this process and help both sides feel respected and protected.
The Cost of Ignoring Disclosure Requirements
Ignoring disclosure requirements can have lasting consequences. These include:
- Losing the protections of the prenup entirely
- Facing costly litigation during divorce
- Damaging credibility in the courtroom
- Creating animosity between spouses
- Allowing the other spouse to seek attorney’s fees
- Putting your business, retirement, or inheritance at risk
A properly executed prenup is not difficult to create. But it takes time. It takes transparency. And it takes the willingness to engage with difficult facts. A Tampa prenup lawyer will walk you through the process and help you complete it with confidence.
FAQ
What happens if my spouse didn’t list all their assets in our Florida prenup?
If the omission was significant and no valid waiver was signed, the court may invalidate the agreement or certain provisions.
Can I challenge a prenup if I later find out my spouse hid assets?
Yes. If the nondisclosure was material and you relied on the agreement, you may have grounds to set it aside.
Does the prenup have to include every bank account?
It should. The disclosure must be detailed enough to provide a fair picture of the person’s financial condition.
Can a waiver of disclosure protect the prenup from being invalidated?
Sometimes. The waiver must be written, voluntary, and clear. It will not protect an agreement that is unconscionable.
Is it enough to say “all assets have been disclosed” in the prenup?
No. A Tampa prenup lawyer will include schedules or attachments listing specific assets, debts, and values.
What if I signed the prenup without seeing my spouse’s financials?
You may be able to challenge the agreement, especially if you did not waive disclosure in writing.
Can I update the disclosure later with a postnup?
Yes. A postnuptial agreement can supplement or replace a prenup and include updated disclosures.
Do I need a lawyer to help with financial disclosure?
Yes. A Tampa prenup lawyer will ensure your disclosure is accurate, organized, and legally sufficient.
Can I lose protection of my business if I forget to disclose it?
Yes. Failure to disclose a major asset like a business could result in the court refusing to honor the agreement.
What if the omission was small or accidental?
Minor mistakes may not invalidate the agreement. But a judge will look at whether the error was material and whether the agreement was still fair.
The McKinney Law Group: Financial Clarity Before Marriage Starts in Tampa
A prenuptial agreement provides a roadmap—not a red flag. At The McKinney Law Group, we help Tampa couples clarify financial rights and responsibilities before they walk down the aisle.
Call 813-428-3400 or email [email protected] to get started.