Prenuptial agreements are popular ways for couples to control the way assets are distributed in the event that they divorce. Prenuptial agreements are legal in Florida. However, like any other contract, to be enforceable prenuptial agreements must be freely entered into. Florida has adopted a version of the Uniform Premarital Agreement Act, which states that:
A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that . . . the agreement was the product of fraud.
If a party is misled or otherwise tricked into signing a prenuptial agreement without fully understanding the risks they were taking, it may be invalid on the basis of fraud. Common examples of fraudulently induced prenuptial agreements include:
- A spouse lying about their own assets or debts;
- A spouse intentionally misrepresenting the terms of the prenuptial agreement to the other spouse; or
- A spouse making promises connected to the prenuptial agreement that they never intended to keep.
To ensure that a prenuptial agreement is valid, couples should fully disclose their finances, and each party should consult with an attorney before signing it. When fraud does occur, an agreement can be invalid. However, fraud must be proven in court to invalidate the agreement.
If you are facing divorce and you signed a prenuptial agreement, it is important to understand your rights. If you feel that you were fraudulently induced into signing it, an attorney can help you understand your legal options. If you have more questions about this issue, please contact us.