Prior to marriage, couples might want to have a prenuptial agreement in place to handle the various financial details that can arise in a divorce. Merely understanding what prenuptial agreements are, however, is not enough. Couples who are about to be married must also understand the importance of the agreement and how it can be enforced so that in the event the agreement is tested in a court of law, it will stand up. It is critical to understand that prenuptial agreements cannot be presented at the last minute and must be reviewed by attorneys who decide whether the agreements are agreeable to all involved parties.

 

Requirements of a Prenuptial Agreement

 

There are certain elements that must exist in prenuptial agreements for these documents to be considered lawful. The various terms in a prenuptial agreement must be based on fact and cannot attempt to distorted or fail to omit information to make the prenuptial agreement appear like a better arrangement for the other spouse.

 

All of the elements in the prenuptial agreement must also be legal, which some important elements related to marriage including child support cannot be included in these agreements. Because even one valid clause in a prenuptial agreement has the potential to render the entire agreement invalid, it is essential that the entirety of the agreement be reviewed by Florida law. It is also important to understand that prenuptial agreements cannot be signed under duress, which can also result in the agreements being declared invalid.

 

Some of the most common elements of prenuptial agreements include the following:

 

 

Signs that a Prenuptial Agreement Is Not Enforceable

 

Because prenuptial agreements have the potential to be declared, not enforceable in the event that any unfair terms are contained in the agreement, it is important to be alert to any signs that a prenuptial agreement contains unfair terms. Some of these signs include the following:

 

 

Situations in Which a Prenuptial Agreement Is Not Enforceable

 

Florida courts are reluctant to set aside efforts by individuals to invalidate prenuptial agreements. There are certain situations in which prenuptial agreements are likely to be declared invalid. Courts consistently refuse to acknowledge that regret or remorse is not a strong enough reason to make a prenuptial agreement invalid. Some of the most common reasons why courts declare prenuptial agreements invalid include the following:

 

 

Consult with a Knowledgeable Family Law Attorney

 

The legal counsel at Forefront Law Law Firm strives to assist clients in obtaining customized strategies and achieving their goals. Do not hesitate to contact our law office today by calling (904) 562 – 1369 or emailing our office at info@forefrontlaw.com. Our legal counsel understands the importance of your case and will begin taking steps today to make sure that your case resolves in a positive manner.

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