Contested Prenuptial Agreements In Florida Divorce Cases

The main point of a prenuptial agreement is to provide clarity and predictability should the marriage fail. In Florida, such agreements are generally enforceable. That means that the courts will honor the prenup under most conditions. There is, however, an exception made for fraud or duress. If the husband or wife coerced the other party into signing or the signing was the product of duress, then the prenup can be thrown out. In this article, we’ll review a Florida family law case that involves a contested prenup. 

Background of the case

Prior to their marriage, the husband and wife entered into a prenuptial agreement. The agreement essentially prevented the wife from getting 50% of the marital estate in the divorce. However, the wife argued that the prenuptial agreement was invalid because it was seriously unfair and left her in an awful financial position. In this case, the trial court agreed with her and declined to fully enforce the agreement as it was written.

The husband, unhappy, decided to appeal the outcome. He argued that the trial court improperly failed to enforce the agreement. He further argued that the prenup met all of Florida’s legal standards and the court completely undermined the purpose of drafting the agreement in the first place.

The appeal 

The case was presented to the Fourth District Court of Appeal. The court focused on the standards set forth in Florida’s prenuptial agreement statute. The court said that prenuptial agreements are presumed to be valid unless they contain legal defects, such as fraud, misrepresentation, coercion, duress, or a lack of full financial disclosure.

In other words, the agreement doesn’t suddenly become invalid just because the result is unfair. Florida allows individuals to enter into bad agreements so long as it is voluntary and they have sufficient disclosure.

In this case, the appellate court concluded that the trial court was mistaken since it put so much weight on the unfair outcome, and not enough on the statutory factors that render a prenup unenforceable. The court, thus, reversed the ruling and directed the trial court to enforce the agreement. 

Key takeaways from the case 

This case offers several lessons concerning prenuptial agreements in Florida. The main thing is that the courts will enforce a prenuptial agreement even if the outcome severely disadvantages one party. So long as the party signing the agreement had full financial disclosure at the time the agreement was signed and no one coerced anyone into signing the agreement, it will be upheld.

Another key point is that prenuptial agreements are presumed to be valid unless there’s clear evidence of a legal defect. The burden of proof falls on the individual contesting the agreement. 

Talk to a Tampa, FL, Prenuptial Agreement Attorney Today 

Faulkner Law Group, PLLC, can help you prepare or defend a prenuptial agreement. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/1048325.html