Can You Dispute A Prenuptial Agreement In Tampa, Florida?

Prenuptial agreements are those made prior to a marriage that help clarify financial matters between future spouses. They are usually enforceable, even if one party is placed in a bad position because they signed off on one. There are, however, some circumstances in which a prenuptial agreement can be considered void. In this article, the Tampa, FL, family law attorneys at Faulkner Law Group, PLLC, will discuss how to prove that a prenuptial agreement is invalid or unenforceable.

What can make a prenuptial agreement void in Florida? 

Section 61.079 of the Florida Statutes governs prenuptial agreements in Tampa, FL. The prenuptial agreement is legally binding unless you can prove that it failed to meet the legal requirements of a prenuptial agreement. Common grounds for disputing a prenuptial agreement in Tampa include the following:

• Lack of full disclosure – Florida law requires both parties to disclose all assets and debts prior to entering into a prenuptial agreement. If one party intentionally fails to disclose pertinent financial information, the prenuptial agreement can be challenged and potentially tossed.

• Coercion or duress – Prenuptial agreements must be entered of your own free will. The agreement would not be enforceable if your spouse coerced, pressured, or forced you into signing the agreement under duress.

• Fraud – If the prenuptial agreement was signed only because your spouse made fraudulent statements or misrepresentations, you can contest the enforceability of the prenuptial agreement during divorce.

• Unconscionability – The courts will enforce a prenuptial agreement that favors one party, even if that party is disadvantaged by the agreement. However, if the agreement rises to the standard of “unconscionability,” the court can toss the agreement.

What evidence do I need to dispute a prenuptial agreement in Tampa? 

To effectively dispute a prenuptial agreement, you must have clear and convincing evidence that supports your contention that the prenup is unenforceable. Examples of such evidence include:

• Financial records – These can prove a failure to fully disclose assets or debts or fraud. Proof may require bank statements, tax returns, and more.

• Witness testimony – Can be used to claim coercion or duress. Statements from family, friends, or others who were present during the signing of the prenuptial agreement can be useful for proving that you were under duress when you signed.

• Fraud – If you dispute the prenuptial agreement on the basis of fraud, you can use emails, text messages, or other forms of communication to establish that misrepresentations were made by your spouse.

• Expert testimony – Financial analysts and forensic accountants can be useful for demonstrating that the prenuptial agreement is “unconscionable” or that financial disclosure was misleading.

• Medical evidence – If one party was unable to make an informed decision when the prenup was signed, testimony from doctors or psychologists and medical records can help support your claims.

Talk to a Tampa, FL, Divorce Lawyer Today 

The Tampa family lawyers at Faulkner Law Group, PLLC represent the interests of individuals who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.