Michael E. Golub, P.A.

What can void a prenuptial agreement?

If you have a prenuptial agreement and are facing divorce in Florida, you may think you are all set. You will not have to worry about any surprises during the divorce proceedings because the document already lays out what will happen. While this is usually true, you may also run into issues where your prenuptial agreement becomes void or parts of it do.

Forbes explains that in the past prenuptial agreements were pretty solid and hard to void out, but there have always been some situations that could invalidate the document. To begin with, this type of document is a legal contract, so it has to follow all the rules of a contract. This means it needs to be signed willingly and it has to be legally filed. If you fail to follow those rules, it could be void.

The court also does not let just anything fly when it comes to these documents. If you make wild requests or demands in your prenup, the court may void it. For example, if you state your wife must remain at a certain weight throughout your marriage or she gets nothing in a divorce, the court will probably not look kindly upon that and it could void the whole agreement.

Another issue is that because this is a special type of agreement, some courts may throw it out if both parties did not have good legal representation when it was created and signed. If, for example, you had your spouse sign the agreement without an attorney, the court could throw it out. This information is for education and is not legal advice.

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map