Couples considering marriage often enter into a prenuptial agreement so that each party understands and agrees in advance on how financial matters will be handled in the event of divorce. The purpose of such agreements is to avoid confusion and misunderstandings regarding property and to make finances as much of a non-issue as possible during and after the marriage. Prenuptial agreements cannot prevent either party to a marriage from challenging the validity of the marriage. This is all the more reason to have an experienced and knowledgeable Florida Family Law Attorney assist you in the drafting of your prenuptial agreement.
The challenge of “coercion” is one of several statutory bases for invalidating a prenuptial agreement in Florida, as well as in other states. Florida Statute 61.079(7)(a) allows several challenges for invalidation: involuntariness; fraud, duress, coercion, or overreaching; and unconscionability. Typically, fraud or duress can be established if one party was threatened, whether psychologically or physically, to sign the prenuptial agreement, or if the prenuptial agreement was presented to the other party for the first time one or two days before the wedding.
If you wish to sign a prenuptial agreement in Florida before entering into a marriage, the services of a Florida Family Law Attorney are indispensable. It is important to understand the legal issues surrounding this type of agreement, so that you have a clear understanding of its effect. It is also essential to make the final agreement as ironclad as possible against legal challenges.