When couples decide to get a divorce – particularly those with significant assets – the first question that usually comes to mind is whether or not the parties have a prenuptial agreement. A prenuptial agreement is a contract entered into by prospective spouses that lays out certain financial obligations and terms the parties will abide by during the marriage and in the event of divorce. Florida courts generally will enforce a prenuptial agreement provided it complies with Fla. Stat. § 61.079. Pursuant to subsection 61.079(7)(a), a prenuptial agreement is not enforceable when it was not entered into “voluntarily”, it “was the product of fraud, duress, coercion or overreaching”, or it was “unconscionable” at the time it was entered due to deficient financial disclosures.
Florida courts are reluctant to set aside prenuptial agreements. Public policy favors individuals ordering and deciding their own interests through contractual arrangements; however, this right is not entirely unrestricted. While there is a strong presumption that a carefully prepared and executed written instrument expresses the true intention of the parties, in Casto v. Casto, 508 So. 2d 330 (Fla. 1987), the Florida Supreme Court set out a test for when a marital agreement may be invalidated: Continue reading