How Prenuptial Agreements Are Enforced in Florida Divorce Cases

Introduction

Prenuptial agreements are legal contracts that couples enter into before marriage to outline how assets, debts, and other financial matters will be handled in the event of divorce. While these agreements can provide clarity and protection, they must meet specific legal requirements to be enforceable in Florida courts. If a prenuptial agreement is improperly drafted or challenged by one spouse, a court may refuse to enforce some or all of its terms.

This guide explains how prenuptial agreements are enforced in Florida, what factors can make an agreement invalid, and how spouses can protect their financial interests.

What Makes a Prenuptial Agreement Enforceable in Florida?

Florida law sets specific requirements for a prenuptial agreement to be legally binding. The agreement must:

• Be in writing and signed by both parties.
• Be entered into voluntarily, without coercion, fraud, or undue pressure.
• Include full financial disclosure by both spouses before signing.
• Contain lawful and fair provisions, as courts will not enforce terms that are unconscionable or illegal.

If any of these elements are missing, the agreement may be challenged in court.

What Can a Prenuptial Agreement Cover?

Prenuptial agreements can outline financial rights and responsibilities but cannot address all aspects of a marriage. In Florida, prenuptial agreements can cover:

• Division of marital and non-marital assets
• Protection of business interests and inheritances
• Responsibility for debts acquired before or during the marriage
• Alimony rights, including waivers or limitations
• Estate planning and inheritance protections for children from previous relationships

However, prenuptial agreements cannot dictate child custody or child support arrangements, as these issues are determined based on the best interests of the child at the time of divorce.

When Will a Florida Court Refuse to Enforce a Prenuptial Agreement?

Even if a prenuptial agreement meets basic legal requirements, a court may refuse to enforce it under certain circumstances, including:

Lack of Full Financial Disclosure

• If one spouse failed to disclose assets, income, or debts before signing, the agreement may be invalid.
• Courts require full transparency so that both parties understand what they are agreeing to.

Coercion, Fraud, or Duress

• If one spouse was pressured into signing the agreement under emotional or financial threats, the court may deem it unenforceable.
• This includes last-minute agreements presented right before the wedding, which may not allow enough time for proper review.

Unconscionable Terms

• If the agreement is grossly unfair, leaving one spouse without reasonable financial support, a judge may modify or void certain provisions.
• For example, a provision that waives all alimony without ensuring financial security for a lower-earning spouse may be challenged.

Violation of Public Policy

• If the agreement includes illegal or unethical provisions, such as restricting child support rights, the court will not enforce those terms.

Courts evaluate prenuptial agreements carefully to ensure that they are fair and were entered into willingly by both spouses.

How to Challenge a Prenuptial Agreement in a Florida Divorce

If one spouse believes a prenuptial agreement is unfair or invalid, they can challenge it in court. Some common legal arguments for contesting a prenuptial agreement include:

• Failure to disclose assets – If a spouse hid financial information before signing, the agreement may not be enforceable.
• Unequal bargaining power – If one spouse was pressured, intimidated, or not given time to review the contract, it may be deemed invalid.
• Changes in circumstances – If enforcing the agreement would leave one spouse destitute, the court may modify it.

To successfully challenge a prenuptial agreement, the contesting spouse must provide strong evidence supporting their claim.

How to Protect a Prenuptial Agreement from Being Contested

To ensure a prenuptial agreement is enforceable, couples should:

1. Hire separate attorneys – Each spouse should have independent legal counsel to avoid claims of coercion or unfairness.
2. Provide full financial disclosure – Clearly list all assets, debts, and income sources before signing.
3. Avoid last-minute agreements – Give both parties enough time to review and negotiate the terms before the wedding.
4. Ensure fairness – Avoid overly one-sided provisions that may be considered unconscionable.
5. Include a severability clause – This ensures that if one part of the agreement is invalid, the rest remains enforceable.

Taking these precautions can help prevent legal challenges in the event of a divorce.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Drafting prenuptial agreements that comply with Florida law.
• Reviewing existing agreements to ensure fairness and enforceability.
• Challenging or defending prenuptial agreements during divorce proceedings.
• Negotiating modifications to agreements if circumstances have changed.

At Bonderud Law, we help clients create strong prenuptial agreements that protect their financial interests while ensuring fairness. If you need assistance with a prenuptial agreement, contact us today for a free consultation.

Conclusion

Prenuptial agreements are valuable tools for protecting assets and financial interests, but they must meet legal requirements to be enforceable in Florida. Courts will not uphold agreements that involve coercion, fraud, or unfair terms. Proper planning, legal guidance, and full disclosure are key to ensuring that a prenuptial agreement remains valid in the event of divorce.

If you are considering a prenuptial agreement or need to challenge an existing one, consulting with an experienced attorney can help protect your rights and financial future.