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.
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.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
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 relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: firstname.lastname@example.org , Tel: (305) 654-4444.
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 of Florida. Each case is different and specific facts may change the information provided. This post is not intended as legal advise and an attorney client relationship does not exist.