Despite popular misconceptions, it isn’t just the wealthy who negotiate “prenups” before officially declaring, “I do.” A prenuptial agreement is a legal contract that simplifies the overall divorce process by predetermining child custody, asset division, and child support and alimony payments. In fact, most engaged couples find that drafting a prenuptial agreement actually alleviates many of their premarital concerns and anxieties.
This legal contract can prevent a divorce from becoming an expensive and high-conflict affair. But what happens if your spouse challenges your prenuptial agreement? Or what if the court decides the contract is invalid?
Determining Unconscionability
There are certain circumstances where a court may declare a prenup to be “unconscionable.” If your spouse challenges the agreement, the court needs to determine if the contract’s terms are reasonable.
The court may overturn your prenuptial agreement if your spouse can prove:
- They didn’t sign the prenuptial agreement voluntarily
- They didn’t have their attorney review the agreement before they signed it
- They didn’t waive the right to representation during the drafting process
- One or both parties didn’t fully disclose their assets and debts
Ideally, your prenuptial agreement should expedite the divorce process. Of course, the court is legally obligated to review the contract to determine if its terms are reasonably fair to both you and your spouse. For example, the court probably isn’t going to waive alimony payments if one spouse is going to be financially destitute after the divorce.
Your prenuptial agreement may be considered invalid if:
- It isn’t a formal legal document
- A spouse was pressured to sign the agreement
- A spouse didn’t have reasonable time to properly review the document
- The contract contains incomplete or false information
- The contract wasn’t translated to account for language barriers
- Child support options are absent or too limited
To avoid this scenario, it’s important for both parties to fully and honestly disclose their assets, debts, benefits, and business interests. Also, you need to make sure that you and your fiancé each have legal representatives who can review the draft and verify that it supports your individual interests. The exception to this policy is if a fiancé legally waives their right to representation in writing.
Learn More by Scheduling a Consultation
If you’re interested in drafting, amending, or cancelling a prenup, contact theFlorida prenuptial agreement attorneys at The Virga Law Firm, P.A. We are proud to provide our clients with 24/7 legal representation.
Contact The Virga Law Firm, P.A. at (800) 822-5170 to schedule a consultation.