You signed a prenup before getting married, thinking everything was settled. Fast forward to divorce, and suddenly that agreement might not mean what you thought it did. Florida recognizes prenuptial agreements, but they’re not bulletproof. Courts will toss them out when certain problems exist. Understanding what makes these contracts fail can save you from some truly unpleasant surprises down the road.
It Has To Be Written Down
Verbal agreements don’t count. Period. Florida won’t enforce a prenup unless it’s in writing and signed by both parties. No exceptions for handshake deals or recorded conversations. If it’s not on paper with both signatures, you don’t have an enforceable agreement.
You Can’t Hide Your Money
Both parties must provide full and fair disclosure of their assets, debts, and income before signing. Hiding bank accounts, property, or other financial information can void the entire agreement. Courts want to see that both people knew what they were getting into. Discovery of hidden assets after the fact? That’s grounds to challenge the whole thing. A Florida prenup lawyer will typically require detailed financial statements from both parties to meet this requirement, and for good reason.
Pressure And Coercion Kill Prenups
Prenups signed under duress won’t stand up in court. Presenting an agreement the night before the wedding is a classic example. So is threatening to call off the ceremony if someone doesn’t sign. Emotional manipulation counts too. Timing matters more than you’d think. While Florida doesn’t have a specific waiting period, courts look closely at whether both parties had a reasonable time to review the document, talk to their own lawyers, understand what they were signing, and negotiate changes if they wanted to. Rushing the process raises immediate red flags about whether the agreement was truly voluntary. Courts aren’t stupid, they can spot coercion.
When Terms Are Just Too Unfair
Florida courts can throw out prenups that are extremely one-sided. Lawyers call this “unconscionable.” An unconscionable agreement might leave one spouse with absolutely nothing while the other keeps everything. Judges look at whether the terms were reasonable when you signed and whether they’re still fair at the time of divorce. This doesn’t mean prenups must split everything 50/50, but they don’t. They can’t be so lopsided that enforcing them would be genuinely unjust.
The Problem With Flying Solo
Florida doesn’t require both parties to have separate attorneys. But not having one can seriously hurt the agreement’s enforceability. Courts scrutinize prenups way more carefully when one person didn’t have legal advice. The power imbalance becomes even more problematic if one spouse is an attorney and drafted the agreement themselves. The McKinney Law Group regularly sees cases where the absence of independent counsel becomes a major issue during divorce proceedings.
You Can’t Decide About Kids In Advance
Here’s something people get wrong all the time. You cannot use a prenuptial agreement to decide child custody or child support in advance. Florida courts always retain authority to make decisions based on the child’s best interests at the time of divorce. Always. Any prenup provisions attempting to predetermine these matters are automatically void. The court won’t even consider them.
Lies Destroy Everything
Fraud and misrepresentation will invalidate a prenup faster than almost anything else. This includes:
- Lying about assets or income
- Hiding debts
- Making false promises about what the agreement contains
- Deceiving someone about what they’re signing
If one person was deceived about the agreement or what it meant, they’ve got solid grounds to challenge it.
Getting It Right Matters
Creating an enforceable prenuptial agreement requires attention to detail and proper legal procedures. Both parties need adequate time to review and understand the terms. Full financial transparency must exist from the start. The agreement should be fair, voluntary, and properly executed. If you’re considering a prenup or questioning whether your existing agreement will actually hold up, consulting with a Florida prenup lawyer can help you understand your options. These agreements serve important purposes when done correctly, but the difference between valid and invalid often comes down to how they were created and what they contain. Contact us today.