It sounds like a good way to avoid a messy divorce in the future: Determine in advance how marital assets will divided by drafting a prenuptial agreement.
However, do prenuptial agreements really work if divorce happens?
People draft prenuptial agreements when they are in love and want to make the marriage work. Unfortunately, if the couple separate or one files for divorce, the situation has changed. The party asked to sign the agreement may decide to challenge it.
So how do you know if your prenuptial agreement will hold up in court? Under Florida law, prenuptial agreements are enforceable if they:
- Are entered into voluntarily
- Are not the result of fraud, duress, or coercion
- Are not overreaching
- Are not unconscionable
Here are some examples of issues that can lead to a prenuptial agreement being challenged:
- Springing the agreement on your partner the day before the wedding
- Failing to disclose all of your assets (which could be considered fraud)
- Drafting an agreement that leaves your ex eligible for public assistance if you separate or divorce (which would be considered unconscionable)
These are just a few examples of issues that could make your prenuptial agreement invalid. To ensure your agreement is enforceable, both sides should be represented by legal counsel. You should not create your agreement by downloading a template prenuptial agreement from the internet or hiring an inexperienced attorney to draft it.