Setting Aside a Prenuptial Agreement Due to Fraud
Note: The following information applies to Postnuptial Agreements as well.
Sometimes couples decide to sign a prenuptial agreement before getting married. But what happens if you divorce and discover that your prenup was based on fraudulent information, or some of your spouse’s assets were not fully disclosed to you? What if you felt you were being forced to sign it? If the prenuptial agreement could be deemed unfair, then you may be able to have it set aside by the court.
Typically prenuptial agreements are used when one person has substantially more assets than the other and wishes to protect themselves or keep certain assets (say, a business) as their separate property in the event of a divorce. Or perhaps one party has children from a previous marriage and wishes to protect the property rights of the children in the event the natural parent dies. Many times, though not always, one party to a prenup is significantly older than the other.
Similarly, if a couple marries and then wishes they had signed a prenuptial agreement (perhaps one spouse discovers that the other incurred large amount of debt from before the marriage), they can enter into a postnuptial agreement. It’s the same idea as a prenup and carries the same weight in court. So for the purposes of this information regarding setting aside a prenuptial agreement due to fraud, it applies to both prenuptial AND postnuptial agreements.
(If you are interested in signing a prenuptial or postnuptial agreement with your partner, be sure to contact an experienced divorce attorney who specializes in these agreements, to ensure it is fair to you and binding in court.)
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Setting Aside a Prenuptial Agreement Due to Fraud
When a couple with a prenuptial agreement divorces, the court will follow the terms of the agreement. However, if one party discovers that following the agreement leaves them especially disadvantaged, they may petition the court to have the prenup set aside*. In that case, the court will proceed as if the prenup never existed and will follow the applicable Florida laws regarding divorce, property distribution, alimony, and so on.
*Note that the courts will NOT set aside a prenuptial agreement just because you made a bad deal. This is why it’s particularly important to have an experienced attorney represent you in preparing a prenuptial agreement that will adequately protect your rights in the event of a divorce.
Here are just a few of the reasons a court may set aside your prenuptial agreement:
Not voluntary. If you were bribed or pressured to sign a prenup, it may be set aside for coercion.
Fraud. If your ex lied about or concealed assets, debt, or made some other misrepresentation in the prenup itself, the agreement may be rendered unenforceable.
Duress. If you were forced to sign your prenup by threats or acts of violence, your prenup may be set aside for duress.
Other reasons include overreaching, failure to disclose, and unreasonableness.