Can a prenuptial agreement ever be set aside during a divorce?

On Behalf of | Jan 10, 2019 | Divorce, Firm News |

One of the reasons that a Florida couple may choose to create a prenuptial agreement before the parties say “I do” is to manage any expectations the parties have about their property, wealth, and its distribution should they end their relationship in a divorce. Having a valid prenuptial agreement in place can smooth out certain divorce-related negotiations by having in place a set of agreements that the parties have signed off on at a prior time. If a prenuptial agreement was properly executed and does not suffer from defects, it may be difficult to have it invalidated during a divorce.

However, like other forms of contracts, prenuptial agreements can be found deficient and invalid. If the circumstances that surrounded the creation of the document cause the couple’s divorce judge to question its validity, the prenuptial agreement’s soundness may be investigated. This may be done to determine if fraud, coercion, duress, or other manipulative tactics were used by one party to the marriage to get the other to sign.

If manipulation is not found in a prenup, a court may look into claims that a prenuptial agreement was created on wrong information. If a person hides assets or fails to disclose wealth that they possessed when the document was created, the contract may later be set aside. Additionally, the failure of the parties to meet the technical requirements of a prenup, such as signing the document, may cause it to be set aside.

It is important that individuals who have prenuptial agreements in place allow their divorce attorneys to review their contracts with them. This can help individuals form reasonable expectations for how to approach their divorce negotiations as well as to identify potential deficiencies that may render the contract invalid.

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