Can I Modify My Prenuptial Agreement (Prenup) In Florida?
A prenuptial agreement (prenup) is a legally binding document signed by both parties before entering into a marriage. Since the terms of a prenup are agreed upon before the marriage, it is difficult to modify a prenuptial agreement.
However, just because it’s difficult does not mean that it’s impossible. Nonetheless, before signing a prenup, it is crucial to ensure that the contract is well thought out and each party is willing to adhere to the conditions of the agreement.
Otherwise, it is likely that the parties will end up violating the terms of the prenup and seeking to modify the agreement. Consult with an Orlando prenuptial agreements attorney at the Law Offices of Steve W. Marsee, P.A., if you are considering modifying your prenup but are not sure how.
Can you modify a prenuptial agreement in Florida?
Contrary to popular belief, a prenuptial agreement can be modified even if the parties are already married. However, in order to modify a prenup in Florida, both parties must provide written consent.
It may also be possible to challenge the validity of a prenup if you can prove the use of coercion, duress, fraud, misrepresentation of facts, or other elements specified in Fla. Stat. § 61.079.
If either party wants to alter or remove some of the conditions of the prenuptial agreement, they cannot do so unless they have written consent from the other party. For this reason, you and your spouse will need to agree to any alterations or changes in order to legally modify the prenup in Florida.
When a modification of a prenup can be found invalid
While a prenup is modifiable if there is written consent from both parties, the proposed changes to the agreement may be found invalid by the court in the following situations:
- One of the parties put the signature involuntarily;
- One of the parties used coercion, duress, fraud, or any “overreaching circumstances” to get the other party to sign the altered prenup;
- The agreement was “unconscionable” because one of the parties (a) did not have “full and reasonable” disclosure of the other party’s assets and financial obligations, (b) did not voluntarily waive the right to disclose their own assets and financial obligations to the other party; or (c) was not able to “reasonably obtain” adequate information about the other party’s assets and financial obligations.
Contact an Orlando prenuptial agreement attorney
As long as both parties agree to alter the terms of the prenuptial agreement, modifying a prenup may be possible. However, it is advised to consult with a skilled prenuptial agreement attorney in Orlando to understand your options.
An experienced attorney will ensure that the proposed changes are legally binding to eliminate the risk of your modifications being invalided by the court.
Each case is unique, which is why you need to contact an Orlando prenuptial agreement attorney to help you understand how you can modify your prenup in your particular situation.