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Is my prenuptial agreement valid?

On Behalf of | Jul 30, 2019 | Estate Planning

A prenuptial agreement is typically put into play to protect one party in the marriage who has more assets. If you enter a marriage where one of you has a greater amount of money, you may create this type of agreement to offer protection should you ever decide to divorce. When creating such a document in Florida, though, you must be careful to ensure it is valid. There are many things you could do wrong that would invalidate it.

According to the Florida Statutes, the details of the agreement and the way it was created impacts the overall validity of the prenuptial agreement. Above all else, the document must have been created with good faith. This means you both knew what you were signing and understood the terms of the agreement. You both must have voluntarily signed it.

It needs to be accurate, and the process truthful. There cannot be any fraud or deceit involved. You both have to disclose your finances to the other so you each understand the financial obligations of the other person. The bottom line is that you both have to sign the agreement with full knowledge of what you are doing and what impact that may have on you in the future should your marriage end.

There may also be some specific items in a prenuptial agreement that are invalid even if the overall agreement is valid. For example, in some cases, the court may not hold up a waiver of spousal support that is in an agreement. This information is for education and is not legal advice.