Published on:

Is It Possible To Vacate And Set Aside A Prenuptial Agreement During Your Fort Lauderdale Divorce?

A couple on the verge of marriage in Broward County may decide to sign a prenuptial agreement. The Fort Lauderdale divorce court treats a prenuptial agreement as a contract between two parties. If a couple signs a prenuptial agreement and then seeks a divorce in the Fort Lauderdale marital and family law court, there are circumstances in which the Broward County divorce judge will not uphold the prenuptial agreement.

If, for any reason, the prenuptial agreement was signed under pressure, it can be vacated and set aside. Clear proof of coercion, duress, fraud, or undue influence, will void the document. The most common reason for the court to set aside a prenuptial agreement is for nondisclosure of assets, liabilities and income. If one of the parties is not truthful regarding his or her financial situation the agreement may not be valid. Also, if a party has failed to disclose an asset the agreement is likely to not be upheld. Additionally, if the parties were not adequately represented by counsel the prenuptial agreement could be broken.

A prenuptial agreement is a contract, so you have to be very careful when drafting the document to make sure it spells out exactly which property and asset belong to which party. Moreover, it is of utmost importance to be open, honest and to disclose all financial information up front, or else you run the risk that the court will set aside your prenuptial agreement.