Prenuptial Agreements and Complex Divorce: Can the Contract Hold Up in Court?
For many couples entering marriage, especially those with significant assets, business interests, or children from prior relationships, a prenuptial or postnuptial agreement offers a sense of security. These contracts are designed to define how finances and property will be handled in the event of divorce, potentially reducing future conflict. But what happens when divorce becomes complex and the financial stakes are high? Will the agreement hold up in court?
In Florida, prenuptial (prenup) and postnuptial (postnup) agreements are generally enforceable, but they are not immune to challenge. Whether you’re preparing to enforce a marital agreement or questioning its fairness during a high-asset divorce, consulting a Boynton Beach prenuptial agreement lawyer can help you understand how Florida courts view these contracts.
What Makes a Valid Prenuptial or Postnuptial Agreement in Florida?
Under Florida law, marital agreements are governed by the Uniform Premarital Agreement Act (for prenuptial agreements) and general contract principles for postnuptial agreements. To be enforceable, a marital agreement must meet several legal requirements:
- Voluntariness: Both parties must enter the agreement freely, without coercion, threats, or pressure.
- Full and fair disclosure: Before signing, each party must provide a full and fair disclosure of their income, assets, and debts, unless this requirement is explicitly waived in writing.
- Written and signed: The agreement must be in writing and signed by both parties.
- No unconscionability: The terms of the agreement must not be so one-sided or unjust that they shock the conscience of the court.
Prenuptial agreements take effect upon marriage, while postnuptial agreements are entered into after the marriage has already begun. Both can cover a range of financial issues, including the division of property, alimony, inheritance rights, and more – but they cannot predetermine child custody or child support, as those matters must always be decided based on the child’s best interests at the time of the divorce.
Enforcement in Complex Divorce Cases
When a divorce involves a large marital estate, multiple real estate holdings, significant investments, or business interests, the scrutiny of a prenuptial or postnuptial agreement becomes much more intense. A well-drafted and fairly executed agreement can streamline the division of assets and prevent costly litigation. However, if either party believes the agreement is unfair or was signed under questionable circumstances, they may challenge its enforceability in court.
Courts in Florida begin with the presumption that a marital agreement is valid if it was entered into properly. However, if a party alleges fraud, duress, or inadequate disclosure, the court may conduct an evidentiary hearing to determine whether the agreement should be enforced or set aside.
For example, in a high-asset divorce where one spouse significantly undervalued their business or failed to disclose offshore accounts before signing the prenup, the other spouse may argue that the lack of full disclosure renders the agreement invalid. Similarly, if a spouse was pressured to sign the agreement days before the wedding without legal counsel, the court may question whether it was signed voluntarily.
Common Challenges to Marital Agreements
There are several grounds on which prenuptial and postnuptial agreements are commonly challenged during divorce proceedings:
- Lack of Disclosure:
If one spouse concealed assets or misrepresented financial information when the agreement was signed, the court may deem it unenforceable due to fraud or unfairness. - Duress or Coercion:
Agreements signed under emotional pressure, threats, or without adequate time for review may be challenged on the basis of duress. For instance, if one party was told the wedding would be called off without a signature, that may raise red flags. - Lack of Independent Legal Advice:
While not legally required, having independent legal counsel for each spouse strengthens the enforceability of the agreement. A spouse who signed without understanding their rights or the implications may claim the agreement was unconscionable. - Unconscionability:
If the agreement is so one-sided that it would leave one spouse with nothing or grossly inadequate support, a Florida court may refuse to enforce it. This is especially relevant in long-term marriages where circumstances have changed dramatically since the agreement was signed. - Changed Circumstances:
Although courts generally enforce valid agreements, they may consider significant changes in circumstances, such as disability, financial hardship, or unexpected loss of income, when determining whether enforcement would be inequitable.
How to Strengthen a Marital Agreement
If you are entering into a marriage and wish to protect your assets with a prenuptial agreement, or if you are already married and want to clarify financial expectations with a postnuptial agreement, there are steps you can take to increase the agreement’s enforceability:
- Ensure full and honest disclosure of all assets, liabilities, and income.
- Sign well in advance of the wedding, not under time pressure.
- Use separate legal counsel for each party to prevent conflicts of interest.
- Avoid overly one-sided terms that could appear unfair in the eyes of the court.
- Keep records of the negotiation process, including drafts and communications, to show transparency and fairness.
In complex divorces, even a strong agreement may be tested, so having a knowledgeable attorney who understands both the legal framework and the nuances of your financial situation is critical.
Contact Taryn G. Sinatra, P.A.
If you are facing a complex divorce involving a prenuptial or postnuptial agreement, it’s essential to know where you stand. Whether you are seeking to enforce a valid agreement or question one that feels unjust, the experienced family law team at Taryn G. Sinatra, P.A. can help. We provide thoughtful, strategic guidance in high-asset and high-conflict divorces throughout Boynton Beach and South Florida. Contact us today to schedule a consultation and protect your financial future with confidence and clarity.
Source:
law.cornell.edu/wex/uniform_premarital_agreement_act
