Is my prenup valid?
Many potential clients come to asking if their prenuptial agreement or their premarital agreement is valid. They want to know if what they signed will hold up in court later on.
So, are there specific requirements to make a premarital agreement valid?
Yes.
Under Florida law, among other requirements, a premarital agreement must be in writing and signed by both parties and enforceable upon marriage. You can speak with William S. Foley, PA for other advice on ensuring that your premarital agreement is valid.
What does Florida us to determine if a Prenuptial agreement/premarital agreement is valid?
Florida Statute §61.079 follows a version of the Uniform Premarital Agreement Act (UPAA) which governs premarital agreements entered on or after October 1, 2007.
The UPAA follows Florida Family Law Rules of Procedure.
What are some things that make the prenup unenforceable?
A prenup/premarital agreement is unenforceable if it was involuntary, the product of fraud, duress, coercion, or the agreement was unconscionable.
It’s also a good idea for both parties to have attorneys.
If you have any questions, give us a call at (813) 272-2345.
