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A prenuptial agreement may be disputed

Preparations for a wedding can start as early as one or two years before the actual ceremony date. There are endless things to consider such as who to invite, where to have the reception and what colors to incorporate. While these decisions may take center stage before a marriage, for some Florida couples, a prenuptial agreement may be just as important.

Whether or not someone decides to have a prenup is a personal choice - one that is important to discuss with your attorney. Although a prenuptial agreement may seem like something set in stone, it can be (and often is) disputed when the couple starts divorce proceedings.

It’s important to know the different scenarios in which a prenuptial agreement may be thrown out. The first of these is fraud. A judge may take a look at whether one of the spouses was pressured into signing the prenup. Was the agreement signed days before the wedding? This may be an indicator that a spouse caved under the pressure of the impending wedding and signed the agreement.

Another reason a judge may throw out a prenup is if the agreement is ruled to be unfair. The main question: is there a big difference between the guidelines of the agreement and how the court would usually rule without the agreement? If so, a divorce judge may find the agreement to be unfair. One example would be when the agreement gives a spouse far less alimony than he or she would have received without the agreement in place.

Knowing that a spouse may be able to dispute a prenuptial agreement is one of the many reasons for Florida residents to work with an experienced attorney when preparing such an agreement.

Source: The Huffington Post, “When a Prenup Gets Thrown Out,” Stann Givens, July 1, 2014 

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