After 12 years of marriage in florida is a prenuptial still valid?

Asked over 1 year ago - Pompano Beach, FL

My husband and I are no longer getting along and I would like to know if he can just tell me to leave because we have a prenuptial that just gives me a small amount of money for every year we are together.

Attorney answers (4)

  1. Eric J Trabin

    Contributor Level 19

    4

    Lawyers agree

    Answered . The prenuptial agreement might be valid, assuming it is enforceable. You can always challenge a prenuptial agreement. That may also be a separate issue from vacating the marital home. Consult with a local family law attorney and bring a copy of the prenuptial agreement. You should still file for divorce but some or all of the prenuptial agreement might be invalid.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. Daniel A. Bachert

    Contributor Level 14

    3

    Lawyers agree

    Answered . The length of your marriage would have no effect on the validity of a properly drafted prenuptial agreement. However, you should consult with an attorney and have the prenuptial agreement reviewed to see if it is in fact valid under your particular circumstances. As a general measure you could not be forced out of the marital home until the divorce is finalized or the court issues an order requiring you to vacate the home in the interim.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  3. Karen Tallent Munzer

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Take the prenup agreement to a local attorney. There are methods of challenging the validity of a prenup, for example was complete disclosure made, was there any type of fraud or misrepresentation. These are grounds for invalidation of a prenup. If the prenup was executed properly and there are no grounds for invalidation, chances are a Court will enforce it.

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client... more
  4. Leisa Morrill-Wintz

    Contributor Level 5

    Answered . You should definitely consult with an attorney and likely you will need to pay for an attorney to review your specific pre-nup. No attorney can adequately answer a question regarding the enforce-ability without reviewing the agreement. There are several ways to try and get out of an agreement which a family law may be able to assist you with. www.FMLGPA.com

    The above is for informational purposes only and intended to be educational in nature based upon the general laws... more

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