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Will Your Prenup Hold up in an Orlando, Florida Court?

How can you make sure that your prenuptial agreement holds up in an Orlando, Florida Court?

There are certain things that you can do to help your case if your prenuptial agreement is ever challenged in court. Here are a few of the major things you can do:

1. Make sure your spouse to be receives full and frank financial disclosure.
2. Make sure your spouse to be is represented by an attorney.
3. Allow plenty of time to prepare and execute the prenuptial agreement.
4. You may want to video record and transcribe the signing of the prenuptial agreement.

How does this help you? In order to set aside a prenuptial agreement, your spouse must prove one of the elements under the enforcement section under Florida Statute 61.079 happened. The more evidence you have to show that none of these things happened, the better chance you have that your prenuptial agreement will be upheld.

Florida Statute 61.079 codifies the Uniform Premarital Agreement Act.
The enforcement sections states:

ENFORCEMENT.
(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:
1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.