When a Prenup Doesn’t Hold Up During Divorce

Prenuptial agreements are highly recommended by divorce attorneys. While most people enter into marriage hoping, or expecting the marriage to last a lifetime, many also consider it wise to be prepared in the event that things don’t turn out the way they hope. That is where prenups come in; they are meant to serve as protection against more loss during divorce.

Some people rely on having that “ironclad” agreement in place. The prenup is an official plan for the separation of property and finances in the event of a divorce. It is meant to protect a spouse who has assets that he or she does not want to lose, particularly if they are very valuable. Historically, the agreements in these documents have been difficult to get around, or to void. However, prenuptial agreements are not always perfect; in fact, most of them have some hole, even if it is very, very small. While that doesn’t mean all agreements can be voided, it does mean that there may be circumstances in which an unfavorable prenup can be thrown out by the court, should you need to pursue that option.

Fraudulent Agreements

When a prenup is made, all relevant details must be included, such as finances. Everything must be disclosed. If something is withheld, that is considered fraudulent. So, if that is discovered and proven during a divorce, then the prenup can be thrown out by the court. Fraudulent agreements may include those signed under duress, or coercion. If it can be proven that a person was pressure into signing, or was not in a fit mental state at the time, then that agreement could be thrown out.

Improper Paperwork

All legal contracts and papers must be filed according to all rules. Those rules can be complex, and it’s easy to make mistakes, particularly when you don’t have proper legal help. Any errors could result in your contract being thrown out.

Some documentation and elements of the process also require legal representation in some states. That means, if you signed something that someone else drew up without seeking legal counsel, that document may not hold up later if challenged. Plus, it is never a good idea to sign anything without professional legal counsel.

Unreasonable Provisions

Judges don’t generally inspect the details of individual contracts that are already in place, unless they’re prompted to by legal argument, or something is “off” about the contract. Sometimes, there are provisions in prenups that are not likely to be upheld because they are too unreasonable to be permitted. For example, if a prenup states that the children shall have no child support, particularly if no substantial reason is given, it may very well be thrown out. Concern for children generally overcomes unreasonable prenuptial agreements.

If you feel that your prenup should be thrown out, upheld, or you don’t have one and need help with your divorce, trust the attorneys at Miller Law. We handle all your Florida divorce law issues.