How to Nullify a Prenuptial Agreement

If you entered into a prenuptial agreement and you’re now seeking to nullify it, you should consider the terms of the agreement and the circumstances surrounding the signing of it. Like many states across the country, Florida uses the Uniform Prenuptial Agreement Act (UPAA) to determine whether a prenuptial agreement can be enforced.

A court will likely hold that your prenuptial agreement is unenforceable if you can demonstrate that you didn’t voluntarily sign the agreement. You can prove this in a few different ways. You can show that you never signed the agreement to begin with. Or, if you did sign the agreement, you can demonstrate that you only did so as a result of coercion, duress, or fraud. You may also be able to nullify your prenuptial agreement by showing that you didn’t have an opportunity to review the agreement with an attorney prior to signing.

The court can also hold that your prenuptial agreement is unenforceable if you prove that the agreement was unconscionable at the time you signed it and that you didn’t receive a proper financial disclosure (unless you waived your right to that disclosure). And, if your marriage is annulled, your prenuptial agreement likely won’t be enforced.

Need Help With a Prenuptial Agreement in the Tampa Bay Area?

The attorneys at the Law Offices of Audrey A. Jefferis, P.A., have extensive experience with prenuptial agreements and can provide you with the skilled assistance you need. We proudly serve clients across Pasco, Pinellas, Hillsborough, and Hernando Counties, and we’ll be happy to meet with you at our main office in New Port Richey or at our satellite office in Palm Harbor. Contact us today to arrange an appointment.