Florida Family Lawyer’s Guide to Prenuptial Agreement Enforcement: Strategies, Claims, and Compensation
Understanding Prenuptial Agreements in Florida 🔹 Legal Basis: In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA). These agreements establish financial rights and obligations in the event of divorce or death. 🔹 Key Requirements: A valid prenuptial agreement in Florida must be: ✔️ In writing – Oral agreements are not enforceable. ✔️ Signed voluntarily – Both parties must agree without coercion. ✔️ Fair disclosure – Both must provide full and fair financial disclosures before signing. ✔️ Not violate public policy – Agreements that limit child support are unenforceable. Grounds for Challenging Prenuptial Agreements 💡 If a spouse seeks to challenge a prenuptial agreement, the following claims may be used: ✔️ Lack of voluntary consent – If one party was pressured or coerced into signing. ✔️ Fraud or misrepresentation – Hiding assets or providing false financial information. ✔️ Unconscionability at the time of signing – The agreement must...