When Can a Prenup Be Overturned in Florida?
Prenuptial agreements, often called “prenups,” are powerful tools for protecting assets and setting expectations before marriage. While courts generally respect these legal agreements, there are situations where a prenup can be partially—or entirely—overturned. Understanding how and why this happens is essential, whether you’re drafting an agreement or facing a dispute during divorce.
At Gisondo Law, we help clients across Palm Beach Gardens and surrounding areas create and defend prenuptial agreements that are clear, enforceable, and legally sound.
Common Reasons a Prenup May Be Invalidated
Not every prenup holds up in court. Florida law outlines several circumstances under which a judge may set one aside:
- Lack of Voluntary Consent – If either party was pressured, coerced, or misled into signing the agreement, the court may deem it invalid.
- Failure to Disclose Assets – Prenups require full and fair disclosure of each party’s assets and debts. If one person hides important financial information, the agreement may be overturned.
- Unconscionability – If the terms of the agreement are so one-sided that they are considered grossly unfair, a judge may intervene.
- Improper Execution – Florida law requires that prenups be in writing and signed by both parties before the marriage. Failure to meet these basic requirements can render the document unenforceable.
What Florida Courts Look for in Enforceability
Judges in Florida typically look at several key factors when determining whether a prenup should stand:
- Was the agreement signed voluntarily, without pressure or manipulation?
- Did both parties fully understand the terms?
- Was there enough time to review the document before the wedding?
- Were both parties given the opportunity to consult legal counsel?
If the answer to any of these questions is “no,” there’s a higher risk the court could reject part or all of the agreement.
Tips for Drafting a Strong, Enforceable Prenup
To ensure your prenup holds up under legal scrutiny, it’s important to:
- Work with separate attorneys for each spouse to avoid claims of conflict or unfairness.
- Be transparent about finances—this includes income, debts, and assets.
- Avoid overly harsh clauses that could be seen as punishing or unrealistic.
- Have the agreement reviewed and finalized well in advance of the wedding date.
An experienced family law attorney will ensure the document complies with Florida law and protects both parties’ rights.
Conclusion:
Prenuptial agreements can offer valuable peace of mind—but only if they’re drafted and executed correctly. If you’re concerned about the validity of your prenup or need help preparing one, Gisondo Law is here to help.
We provide trusted legal guidance for individuals throughout South Florida, including Palm Beach, Martin, Broward, Miami-Dade, St. Lucie, Orange, and Hillsborough Counties.
Contact us today at GisondoLaw.com or call (561) 530-4568 to schedule a free, initial, in-office confidential consultation and protect your future with confidence.