A prenuptial and postnuptial agreement can outline how property, debts, and spousal support will be managed if the marriage ends down the road. However, not all the provisions of the agreement will necessarily be enforced.
Florida courts may review the agreement’s formation, disclosures, voluntary consent, fraud, coercion, duress, or overreaching.
A significant example is Bates v. Bates, decided by the Florida Third District Court of Appeals. The court tossed out a prenup because one partner was forced to sign it. Keeping these rules regarding prenuptial agreement enforceability in Florida in mind is crucial.
What was the Bates v. Bates Case?
In Bates v. Bates, the wife challenged a premarital agreement signed right before her wedding. The trial court concluded that the agreement was made under duress or coercion. It upheld the ruling and stated that there was sufficient evidence to support that conclusion.
The wife was a teenager residing in Colombia, and the husband was a pilot in Florida. The husband falsely convinced her to sign a prenuptial agreement. He told her that signing it was a required part of the U.S. immigration process to bring her to America. Florida’s appellate court ruled that this was not just a normal disagreement over a prenup. Deceiving her about immigration laws and using her desire to move to the U.S. against her constituted illegal coercion that made the agreement invalid.
What Must Be Included in a Prenuptial Agreement According to Florida Law?
The law requires that a premarital agreement be in writing and signed by each party. The agreement cannot simply be changed informally after the wedding. It becomes binding once the parties marry.
The Florida law allows couples to address many financial and property issues, including:
- Ownership and control of property
- Rights to property acquired before or during marriage
- Property division after separation or divorce
- Spousal support
- Certain estate-related rights
- Life insurance benefits
- Other rights and obligations that do not violate Florida law or public policy.
When Can a Florida Prenup Be Challenged?
Florida law provides several grounds for challenging a premarital agreement.
A party seeking to avoid enforcement may argue that:
- The agreement was not signed voluntarily.
- The agreement resulted from fraud, duress, coercion, or overreaching.
- The agreement was unconscionable when it was signed, and the required financial disclosure or waiver requirements were not satisfied.
These are not simply technical arguments. The evidence surrounding the agreement can become extremely important.
When researching whether a premarital agreement is enforceable in Florida, you need to think outside of the agreement itself. The manner in which the contract was created and signed may be equally important.
Why the Timing of a Prenuptial Agreement Matters?
A prenup signed too close to the wedding risks being invalidated later due to duress or coercion. Florida does not have a strict mandatory waiting period. The last-minute agreement claimed that they were forced to sign under pressure.
Florida family law attorneys usually advise completing and signing the prenup agreement well before the date of marriage. Although 30 days is among the most popular pieces of advice, it has no statutory basis. Having enough time allows each party to read the prenup and discuss questions with a lawyer.
Why is Financial Disclosure Important for Prenup Enforceability?
Florida’s statute specifically addresses unconscionability and financial disclosure. If a party claims that the agreement was unconscionable when executed, the statute considers whether that party received fair and reasonable disclosure, voluntarily waived additional disclosure in writing, and had adequate knowledge of the other party’s financial position.
For this reason, couples should consider exchanging detailed financial information before signing. These are:
- Bank accounts
- Investment accounts
- Real estate
- Business interests
- Retirement accounts
- Loans
- Credit card debt
- Income
- Major personal property
- Other significant financial obligations
Good records will also facilitate a later description of how the agreement was negotiated.
What About Postnuptial Agreements?
The postnuptial/postmarital agreements are contracts between the married couple that set the rules for the marriage, or on the death or divorce of either party. Couples may want to seek a postnuptial agreement for several reasons. A postnuptial agreement allows spouses to address their financial questions clearly while they are alive.
The primary difference between a prenup and a postnup is that a postnup applies to a couple that is already married. The basic difference is timing!
A postnup occurs when a couple is already financially and legally bound.
Prenuptial vs. Postnuptial Agreements
| Prenuptial Agreement | Postnuptial Agreement |
| Signed before marriage | Signed after marriage |
| Becomes effective upon marriage | Takes effect according to its terms after execution |
| Governed by Florida’s premarital agreement statute | May involve broader contract and family-law principles |
| Can address property and spousal support | Can address financial and marital rights during or after marriage |
| Must be written and signed | Should be carefully documented and signed |
The Florida Bar points out that both kinds of agreements can be utilized to identify monetary rights and responsibilities during marriage and in the context of divorce or death.
Because the laws differ, a person should not presume that an old prenup template can be processed and used as a postnuptial agreement.
What Makes An Agreement Easier to Defend?
No one can guarantee that a Court will enforce a marital agreement. But, with proper preparation, many avoidable problems can be curbed.
- Start early – Don’t wait till the wedding is just about to start.
- Provide financial information – A clear understanding of significant assets, debts, and income for both parties.
- Allow both parties to read through. – The person should be able to read the agreement and pose questions.
- Avoid pressure -Threats, misinformation, manipulation, or improper pressure can cause great difficulties.
- Use clear language – Property, debts, and support should be clearly written out in a document, not left to vague, confusing terminology.
- Keep records – Maintain drafts, financial disclosures, and any other documents that illustrate the negotiation of the agreement.
What if Your Spouse Wants You to Sign an Agreement?
Request sufficient time to read the paper/document and obtain the required financial data. Think carefully before signing, and seek independent legal advice.
If the agreement is a substantial property arrangement or a spousal support agreement, then a lawyer will be able to tell you what the arrangements will certainly have as an effect, as well as not just that the arrangement is enforceable.
When you are searching online for a family law attorney near me, it’s a good idea to find out whether the professional specializes in marital agreements and other divorce-related cases throughout Florida.
Talk to a Florida Family Law Attorney
A prenuptial or postnuptial agreement can make a huge difference in your monetary future. Just because both parties signed a document doesn’t mean that every aspect of the case is settled. In Florida, certain issues can be raised in an agreement, including lack of voluntary consent, fraud, duress, coercion, overreaching, and certain unconscionability and financial disclosure issues.
The Coleman Law Group represents clients in Florida in all areas of family law, including divorce, alimony, custody, child support, and other family law disputes.
Our family law attorney is available to answer your questions about whether a prenup or postnup should or should not be enforced or to review a marital agreement if you need assistance. Contact Coleman Law Group at +1 (7272140400) or aheartforpeople@clgfl.com to schedule a consultation.
