Wondering if a prenuptial agreement can be thrown out, voided, or modified in Florida? Hoffman, Larin & Agnetti have been assisting families navigate family law, from prenups to custody, parenting plans, and contested divorce, for over 40 years. Learn how prenups work, what makes them enforceable, and when they can be challenged.
What Is a Prenuptial Agreement and How Does It Work?
A prenuptial agreement (prenup) is a legally binding contract signed by two individuals before marriage that outlines how financial matters will be handled in divorce or death. While many assume prenups are only for the wealthy, they can be helpful for anyone who wants to protect assets, avoid future disputes, or establish financial clarity before marriage. (To learn why prenups are essential, click here). Note that an attorney can only prepare a prenup for one party, not for both spouses.
What Can a Prenup Cover?
- Division of Assets & Debts: Specifies how property and financial obligations will be distributed.
- Spousal Support (Alimony) Terms: Determines whether one spouse will receive support and under what conditions.
- Business Protection: Safeguards ownership of a family business or professional practice.
- Inheritance & Estate Planning: Ensures children from prior relationships receive intended inheritances.
- Debt Responsibility: Clarifies which spouse is responsible for certain debts.
What Can’t a Prenup Cover?
- Child Custody or Child Support: Florida law requires custody and support decisions based on the child’s best interests.
- Illegal provisions: Courts will not enforce prenups containing fraudulent, deceptive, or unethical provisions.
Can a Prenup Be Thrown Out in Florida?
Yes, a Florida court can invalidate a prenuptial agreement under certain conditions. If one spouse challenges the prenup, they must show that the agreement was unfair, improperly executed, or fraudulent.
Common Reasons a Court Might Throw Out a Prenup
❌ Lack of Voluntary Consent: If one party was pressured, threatened, or coerced into signing, the prenup may be declared invalid.
❌ Unconscionability: If the agreement is so one-sided that it is deemed grossly unfair, the court may refuse to enforce it.
❌ Failure to Disclose Assets: The agreement may be deemed invalid if one spouse did not fully disclose their financial situation.
❌ Improper Execution: If the prenup was not properly signed, notarized, or witnessed, it may be legally unenforceable.
Courts take fraud, duress, and deception seriously, so both parties must enter a prenup with complete transparency and legal counsel.
Can a Prenup Be Changed in Florida?
Yes! A prenup is not set in stone—it can be modified or revoked if both spouses agree. Financial circumstances change, and Florida law allows couples to update their prenup to reflect new realities.
Ways to Modify a Prenup
✔ Written Amendment: Both spouses sign a legal document modifying specific terms of the original agreement.
✔ Postnuptial Agreement: A new contract created after marriage that alters or replaces the original prenup.
✔ Revocation: If both spouses agree, they can entirely revoke the prenup through a written, signed document.
Why Would a Couple Want to Change a Prenup?
- Financial growth or decline (e.g., one spouse starts a successful business or faces unexpected debt).
- Birth of children (which may prompt estate planning changes).
- Changes in career or income (e.g., one spouse quits working to care for children).
If circumstances have changed since your prenup was signed, consulting an experienced family law attorney can help you revise the agreement properly.
Key Takeaways: Protecting Your Prenuptial Agreement
💡 To ensure your prenup is legally enforceable and stands up in court:
✔ Be transparent about assets and debts—full disclosure is required.
✔ Make sure both parties have independent legal representation before signing.
✔ Never sign under pressure—coercion can invalidate the agreement.
✔ Review the prenup periodically—financial and personal circumstances change.
A properly drafted prenuptial agreement can provide both spouses security and peace of mind. If you’re considering a prenup or need legal guidance on modifying an existing one, Hoffman, Larin & Agnetti are here to help.
Need Legal Help with a Prenup?
Our experienced family law attorneys can help you draft, review, modify, and challenge a prenuptial agreement. Contact Hoffman, Larin & Agnetti today for a consultation.
📞 Call us 24/7 at 305-653-5555 Text us at 305-653-1515 Email us at [email protected] or fill out the form at the top of the page.
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