Ways a Prenup or Postnup Could be Invalid

Having a pre or post-nuptial in place can be helpful when filing divorce agreements. However, it’s important to make sure that all agreements are legally filed and reviewed by a qualified divorce attorney for men. A pre and postnuptial agreement is a common way to ensure that property and assets are equitably divided following a divorce.

When writing a pre or post-nuptial agreement, you must follow Florida’s laws and regulations to ensure the document is considered valid. It’s best to hire the help of a qualified divorce attorney for men to draft this.

If any of the following parameters aren’t followed, the agreement will be considered invalid:

• Both parties must be represented by an independent counsel.
• Both parties must fully disclose financial information, including debts or assets
• Both parties must have the mental capacity to sign the agreement on your own volition and without force

In certain circumstances, even if the contract was properly filed and signed, a court can determine that the terms of the prenuptial are out of line or unfair. This is called an unconscionable contract and will be considered void. Florida law states that

It’s also important to remember the pre and post-nuptial agreements are strictly about financial matters, and cannot include arrangements about family, physical arrangements or getting/maintaining a job. Of course, the terms in the agreements must also be legal and adhere to the law.

If you are questioning whether your pre or post-nuptial agreement is valid, it’s best to speak to a divorce attorney for men who can advise you and help you contest an agreement if necessary.

The law offices of In Law We Trust can help you navigate the courtroom. Contact them for a confidential consultation today.