You signed a prenuptial agreement before your wedding. Maybe you trusted your partner completely, or maybe you felt pressured to sign because the wedding was days away. Now you’re facing divorce, and that prenup feels like a chain holding you to unfair terms. You might be wondering if there’s any way out.
The short answer is yes. Florida courts can throw out a prenuptial agreement under the right circumstances. But getting a prenup invalidated isn’t automatic.
What Florida Law Says About Prenuptial Agreements
Florida follows the Uniform Premarital Agreement Act, found in Florida Statutes Section 61.079. This statute outlines both what makes a prenup valid and what grounds exist for throwing one out.
For a prenup to hold up, it must be in writing and signed by both parties before marriage. It becomes effective only when you actually get married. Like any contract, it needs to be entered into freely, with both people knowing what they’re signing.
When Can You Challenge a Prenuptial Agreement?
Florida law provides three main pathways for invalidating a prenup.
The Agreement Wasn’t Signed Voluntarily
This is one of the most common grounds for challenging a prenup. If you can prove you didn’t sign the agreement of your own free will, the court may refuse to enforce it.
Voluntariness isn’t just about whether someone physically forced your hand. It’s about whether you had the freedom to make a real choice. Did someone present the prenup the night before your wedding? Were guests already traveling to the ceremony? Had you paid non-refundable deposits on the venue and catering? These situations create what lawyers call “duress.”
Florida courts recognize that timing matters. Presenting a prenup days or even hours before the wedding can be grounds for invalidation. You need adequate time to review the document, consult with your own attorney, and make an informed decision.
Being under the influence of alcohol or drugs when signing can also destroy voluntariness. If you were intoxicated or impaired, you lacked the mental capacity to understand what you were agreeing to.
Fraud, Duress, Coercion, or Overreaching
This ground focuses on deceptive or manipulative behavior by your spouse. Fraud occurs when someone intentionally lies to you or hides important facts to get you to sign.
Your partner might have told you the prenup was just a formality. Or they claimed certain assets didn’t exist when they actually did. Or they promised the agreement would be torn up after the wedding but never followed through.
Coercion involves applying pressure beyond normal negotiation. Threatening to call off the wedding unless you sign. Using emotional manipulation or financial threats. Making you feel you have no choice but to agree to their terms.
The Agreement Was Unconscionable
An unconscionable agreement is one that is shockingly unfair. Not just a bad deal, but one so one-sided that it violates basic notions of fairness.
Here’s the catch. Proving unconscionability isn’t enough on its own under Section 61.079. You must also show one of three additional things. Either your spouse didn’t give you fair and reasonable disclosure of their finances, or you didn’t voluntarily waive your right to that disclosure in writing, or you couldn’t reasonably have known about their financial situation.
If the prenup leaves you with almost nothing while your spouse keeps everything, and you didn’t know the true extent of their wealth when you signed, the court may step in.
Financial Disclosure Requirements
Full financial disclosure is the bedrock of a valid prenuptial agreement in Florida. Both parties must lay their cards on the table.
When one person hides assets, fails to disclose income, or provides incomplete financial information, they undermine the entire agreement. Common problems include hiding bank accounts or investment portfolios, failing to reveal business interests, understating income, omitting real estate holdings, and concealing inheritance or trust funds.
Florida law requires “fair and reasonable disclosure” of property and financial obligations. Generally, you need to provide enough detail that your spouse can make an informed judgment.
Some prenups include waiver language where you supposedly waive your right to financial disclosure. But even that waiver has to be voluntary and made with at least some basic knowledge of your spouse’s finances.
What Can’t Be Included in a Prenup?
Prenuptial agreements have legal limits in Florida. Certain provisions cannot be enforced, even with voluntary signatures and full disclosure.
- Child support and custody cannot be predetermined – Prenups cannot set child support amounts or custody arrangements, as these must be decided based on the child’s best interests at divorce time.
- Invalid child provisions don’t void entire agreement – If your prenup contains unenforceable child-related terms, only those specific provisions are removed while the rest may remain valid.
- Alimony waivers have a safety net – While you can waive alimony in a prenup, courts can override this if it would make you eligible for public assistance programs.
- Public assistance protection – Courts may order minimal spousal support to prevent a former spouse from relying on government benefits, regardless of prenup terms.
Proper Execution Requirements
The agreement must be in writing and signed by both parties. Oral prenups don’t exist under Florida law. A prenuptial agreement does not require notarization to be valid. However, if it includes a transfer or conveyance of real property, that portion must comply with Florida deed formalities, including notarization and witnesses.
Throwing Out Part of a Prenup
Florida courts can strike down portions of a prenup while enforcing the rest through “severability.” Even if you can’t invalidate the entire prenup, you might be able to challenge specific provisions that are unconscionable or illegal.
What Courts Look For
When a Florida judge evaluates a challenge to a prenuptial agreement, they’re looking for evidence. The burden of proof falls on the person trying to throw out the prenup.
You’ll need to show the timeline of when the prenup was presented and signed, what financial information was or wasn’t disclosed, what communications occurred, whether you had independent legal representation, and any pressure or manipulation that occurred.
Evidence can include emails, text messages, financial documents, testimony from witnesses, and records of what assets existed at the time of signing.
Florida law doesn’t absolutely require that both parties have separate attorneys. However, courts view it favorably when each person was represented. It suggests the agreement was negotiated fairly. When only one person had a lawyer, that raises red flags.
Common Misconceptions
Adultery doesn’t void a prenup. Claiming you didn’t read the agreement before signing won’t help. Florida law presumes people who sign contracts have read them. Even unconscionable deals can be enforced if entered into voluntarily with full disclosure. If the prenup says finances will be kept separate but you commingled everything, the court might find you abandoned it.
What Happens After a Prenup Is Thrown Out?
If a court invalidates your prenup, your divorce proceeds as if the agreement never existed. Florida is an equitable distribution state, meaning marital property gets divided fairly, though not necessarily equally. You’re entitled to a fair share of all marital assets, your separate property remains yours, and alimony becomes a possibility if needed.
Key Takeaways
- A prenuptial agreement in Florida can be thrown out for specific legal reasons under Section 61.079
- The agreement must be voluntary, free from fraud or coercion, and not unconscionably unfair
- Full financial disclosure is required for a prenup to be valid
- Provisions about child support and custody are always unenforceable
- You bear the burden of proving why the prenup should be invalidated with evidence showing problems in how the agreement was created
Frequently Asked Questions
Can a prenup be thrown out years after it was signed?
Yes. There’s no time limit that automatically validates a prenup. If the agreement was invalid when signed due to fraud, duress, or lack of disclosure, it remains invalid decades later.
Does adultery affect whether a prenup can be enforced?
No. Marital misconduct like adultery doesn’t invalidate a prenup.
How long before the wedding should a prenup be signed?
Signing weeks or months before the wedding is much safer than signing days before. The more time you have to review the agreement, the harder it is for someone to claim duress.
Can we change our prenup after we’re married?
Yes, but both spouses must agree in writing through a postnuptial agreement. The same requirements about disclosure and voluntariness apply.
Contact Us
At Perez-Calhoun Law Firm, P.A., we help Winter Park families facing complex prenuptial agreement issues. Whether you’re questioning the validity of an existing prenup or need help creating one that will stand up in court, we provide the guidance you need.
We take the time to review your situation thoroughly, gather the evidence that matters, and build a strategy based on Florida law. Prenuptial agreements involve complicated legal standards, and having someone in your corner who understands those standards makes all the difference.
Your financial future shouldn’t be determined by an agreement you signed under pressure or without full information. If you believe your prenup should be challenged, or if you need help with any other family law matter, reach out to us today. We’re here to protect your rights and help you move forward with confidence.
