Having a prenuptial agreement in place before you get married can prove to be an incredibly important decision. It can set guidelines so that you are not blindsided by certain terms in the event of a divorce, and it can protect assets and interests of both parties.
However, your prenup is only as strong as the terms within it. If the terms are tenuous or unenforceable, they may not provide any meaningful protection, after all. Because of how much can be at stake when it comes time to enforce a prenup, it is crucial that you understand what could make your prenup invalid.
It is not a lawful document
A prenup is like any other legal document in that it must be properly prepared. This means it should be in writing prior to a couple's date of marriage and in the presence of a notary.
It must also be signed properly in order to be considered a valid legal document. As dictated by Florida state law, signers must be legally and mentally fit to sign a prenup and be given adequate time to review it before signing. Further, a person must sign the document voluntarily.
It contains unlawful or unenforceable clauses
Prenuptial agreements can include a wide range of clauses. However, there are clauses that cannot be included in a prenup; if they exist, they and the entire document can be deemed invalid.
Clauses that generally cannot be enforced and should not be included in a prenup include certain lifestyle clauses, terms that encourage or reward divorce, child support clauses or violations of public policy.
It contains fraudulent or inaccurate information
A prenuptial agreement can be invalidated altogether if it can be proven that it contained missing or false information. If, for example, a person fails to disclose assets or improperly values assets, that could be grounds for invalidation. If a person lied about their ability to enter into this kind of contract, it can be unenforceable.
Signing a prenuptial agreement is not something that should be taken lightly, as it can have a profound impact on your future in the event of divorce. Before you create or sign any type of legal document, it is recommended that you first consult a family law attorney to make sure the document is fair and enforceable.