Clients may enter into premarital agreements, or prenups, but the main question is whether a Florida court will enforce them. A Florida court will only enforce them if they are conscionable and they were voluntarily entered into.
Florida courts consider several factors when determining whether a premarital agreement was entered into voluntarily.
Those factors include:
That a party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party is not alone sufficient to make the agreement unenforceable.
When considering whether a party executed a premarital agreement voluntarily, Florida courts should consider whether the evidence demonstrates coercion or lack of knowledge, the presence or absence of independent counsel, inequality of bargaining power, disclosure of assets, and the parties’ understanding of the rights being waived or the intent of the agreement.
In Florida, courts will consider whether there was a coercion or lack of knowledge and factors such as the proximity of execution of the agreement to the wedding, surprise in the presentation of the agreement; the presence or absence of independent counsel; inequality of bargaining power; whether there was full disclosure of assets; and the parties’ understanding of the rights being waived or at least their awareness of the intent of the agreement. The party seeking to avoid a premarital agreement may prevail by establishing that the agreement was involuntary as demonstrated by a number of the factors outlined above which are uniquely probative of coercion in the premarital context, and would be relevant in establishing the involuntary nature of the agreement.