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Why would my prenuptial agreement be invalid?

Creating a prenuptial agreement prior to getting married is a smart step for many couples throughout Florida. Whether you need this document or not all depends on your individual situation. But, if you have created such a document and it is invalid, you will want to know what went wrong so it can be rectified immediately.

In order for a prenuptial agreement to be enforced, it has to be in written form. This means that if you came to an oral agreement with your spouse-to-be, it will not be recognized in a court of law.

For the prenuptial agreement to be considered valid, the documents must be signed by both parties prior to the wedding taking place.

Each spouse is supposed to be given enough time prior to the marriage to read the prenuptial agreement and understand what is in the document. If either person is given the document too close to the wedding, it will be viewed as invalid.

Both parties must practice full disclosure when creating a prenuptial agreement. If there is false information presented, the agreement will be deemed invalid once it is discovered.

Both parties entering into the prenuptial agreement must have separate counsel when doing so. They cannot be represented by the same attorney. If this happens, the agreement will be deemed invalid.

Whenever one of the parties is pressured into signing a prenuptial agreement, it will be deemed invalid. The pressure can come from the spouse-to-be, family members, friends and just about anyone else.

In need of a prenuptial agreement? Not sure why your agreement was deemed invalid? An experienced Fort Lauderdale divorce attorney will be able to answer these questions and more for you.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed Aug. 11, 2017

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