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Is My Prenup Enforceable?

Signing a prenuptial agreement before getting married can save people a considerable amount of stress and confusion in the event that they get divorced. A prenuptial agreement can be a valuable tool in helping people establish and resolve certain conditions of a divorce at a time when they are on the same page and aren't clouded by feelings of anger, resentment or sadness.

However, when and if the time comes to enforce the conditions of a prenup because you are getting divorced, you may have a very different outlook on the terms you set with your spouse before you got married. In some cases, you may be able to challenge a prenuptial agreement or certain clauses on the grounds that they are unenforceable.

According to the Florida Family Law Rules of Procedure, a prenuptial agreement -- or parts of it -- may not be enforceable in Florida if:

  • The document was not signed by both parties
  • One or both parties were forced to sign the prenup
  • There was a failure, intentionally or not, to include all properties and financial obligations of each person
  • Provisions for child custody or support are included
  • The elimination of spousal support would mean that the intended recipient would eligible for public assistance

There are many other reasons a prenuptial agreement may be unenforceable, but this brief list should give people an idea of the types of clauses or conditions that may be challenged in the event of a divorce.

It is important to appreciate the fact that it can be a legally complex process to challenge these documents. It will not be enough to simply state that a prenup is unfair or no longer reflective of your current situation. There are legal conditions and requirements that must be met and if you don't know what these are, you can be at a distinct disadvantage in the court room.

In order to understand your options when it comes to enforcing or challenging a prenup, it can be wise to discuss the details of your individual case with an attorney.

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