If you signed a prenuptial agreement and now you are contemplating divorce, you may be concerned about whether or not the prenuptial agreement will be upheld in the divorce.
In most cases, the prenuptial agreement will address alimony and the division of marital property in the event of a divorce.
Unfortunately, if the prenuptial agreement was valid, it will be upheld in a divorce.
If you believe your prenuptial agreement was unfair and wish for it to be disregarded in your divorce, you will have to prove that the prenuptial agreement was not valid.
In order for the prenuptial agreement to be valid, it must be in writing and must be signed by both parties.
There must be a valid marriage involved, and the agreement can only address certain topics, such as the ownership of assets and alimony in the event of a divorce.
Under some circumstances, a prenuptial agreement can be set aside. The fact that you later regret signing it is not a sufficient reason to set it aside.
If it can be proven that one spouse did not voluntarily sign the agreement, it may be set aside.
If one spouse was coerced into signing it, it may not be upheld.
Also, if it can be shown that fraud was involved in executing the agreement, it may be disregarded.
If the prenuptial agreement was extremely unreasonable, it may be disregarded.
Finally, normally a prenuptial agreement requires a fair disclosure of each party’s individual assets and debts.
If one or both parties lie about those assets in the agreement, it may be disregarded.
Most prenuptial agreements are upheld in a divorce, but in some cases an agreement that is untruthful, overreaching, or signed because of duress or coercion can be disregarded.
If you are going through a divorce and you are concerned about your prenuptial agreement, call Florida divorce attorney Dale Bernstein at 727-478-3250. He can help.
He works with divorcing clients in Pasco, Hernando, Pinellas and Hillsborough Counties, and can help you as well.
Call today to learn more or to schedule a consultation.