Do you know your prenuptial agreement that you spend a lot of time and efforts before reaching may not be enforced by court, meaning the judge will not divide the property according to what is agreed-upon in the agreement?
How could that be?
Florida Uniform Premarital Agreement Act provides the reasons for the court not to enforce a premarital agreements. It says, and I quote “a premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:
1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.”