Finding Fraud In Prenuptial Agreements

More and more couples are choosing to execute a prenuptial agreement or ‘prenup’ before they tie the knot. However, a prenup is only valid if certain criteria are present in its pages, and if both parties make a full and fair disclosure of what they are bringing to the marriage. Fraud is one of the few things that can invalidate a prenup in Florida, and it can sometimes be difficult to spot. A knowledgeable attorney can help.

Grounds To Invalidate The Agreement

Florida has adopted the Uniform Premarital Agreement Act (UPAA), which sets out the parameters for executing a valid prenuptial agreement, and elucidates the few issues which cannot be disposed of in a prenup. It requires that the document be in writing and signed by both parties, and while it does not demand witnesses, it is often easier to have them in case the prenup becomes relevant to later proceedings like divorces.

The UPAA also states explicitly that a prenup may be ruled unenforceable if it “was the product of fraud, duress,” or coercion. A prenup is essentially a legal contract, and for a contract to be enforceable, it must be a ‘meeting of the minds.’ In other words, both parties must have the same idea of exactly what a contract requires of them in order for it to be equitable and appropriate.

Must Be “Fair & Reasonable”

While Florida courts give a great deal of deference to a contracting party’s stated wishes, they will generally not ratify an agreement that is clearly fraudulent or unconscionable. If there is evidence that a person:

• Was not provided with a “fair and reasonable disclosure” of all their potential spouse’s assets and debts;
• Did not “voluntarily and expressly waive” their right to such a disclosure; and/or
• Did not have (or could not reasonably be expected to have had) any understanding of their potential spouse’s finances,

There is a rebuttable presumption that fraud might have played a role in creating the agreement.

If you are engaged and are interested in a prenuptial agreement, full disclosure is crucial, and in the long term, it can improve a relationship. People believe they may not need an attorney to create a valid prenup, and one is not legally required – but enlisting a legal professional can improve the odds of enforceability.

Contact A Hollywood, FL Prenuptial Agreement Attorney

Creating a prenuptial agreement can be a contentious process; a Hollywood, FL prenuptial agreement attorney from the Law Offices of Steven A. Mason, P.A. can help it run more smoothly. Contact our office today at (954) 963-5900 for personalized attention.

Source:

flsenate.gov/Laws/Statutes/2012/61.079