Prenuptial agreements are intended in part to make a divorce easier, setting up rules before a marriage even begins regarding what will happen when it ends. However, these agreements sometimes have the opposite effect in Florida if they are not handled properly, making things more complicated. Below are some of the main issues that could crop up.
First off, the agreement may not have been crafted properly, following all of the necessary steps. For example, if you and your spouse were supposed to have your own legal advisers and you both used the same person, the agreement could then be disputed.
Another issue is that some agreements only last under certain conditions. If these conditions change, the agreement then expires. For example, your spouse may have agreed to the terms if there were no children, knowing that he or she would not have anyone else to support. However, the birth of a son or daughter could change things. Always read and understand the fine print in your prenuptial agreement before you sign it.
Furthermore, financial situations may be taken into account. If your spouse agreed not to take any of your money because he or she had a lot of personal wealth, but your spouse has since lost that money, does that change the agreement? Again, this is a question of fine print.
Finally, you must know if criminal charges or allegations have an impact. For instance, you may have agreed to the prenup before your spouse became abusive, but domestic violence convictions could, in some cases, cause the prenup to be thrown out.
If you have a prenuptial agreement drafted by an experienced Florida family law attorney, you can help prevent unintended and unfortunate consequences later on.
Source: The Huffington Post, “Common Prenuptial Agreement Legal Issues” Brad Reid, accessed Mar. 13, 2015