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What Happens if You Divorce Someone with a Prenup in Jacksonville?

— April 5, 2023

It’s always a good idea to consult with an attorney before filing for divorce, especially when minor children are involved.

Florida is considered an equitable distribution state1. This means a couple’s marital property and liabilities are subject to 50/50 division, that is unless they entered into a prenuptial agreement before getting married.

A prenuptial agreement is a binding contract agreed upon by two people before they tie the knot. Prenups often establish who maintains ownership of what in the event of a divorce. If you’re divorcing someone with a prenup, you would generally follow the terms outlined in it as opposed to following Florida’s equitable distribution law.

Essentially, what this means is that if your spouse owned a business or possession over another type of asset and you both agreed it wouldn’t be divided in the event of a divorce, you wouldn’t be entitled to half of it despite what Florida law says.

If you’re concerned that you signed a prenup without fully understanding it, consider speaking with divorce lawyers to find out if it can be upheld in your divorce.

When won’t a prenup be enforced in Florida?

Prenups generally take precedence over certain laws such as the equitable distribution law that states couples in Florida are required to split their assets and debts 50/50. However, if you can prove one of the following conditions exists, you can then challenge the terms of the prenup which could result in it being invalidated.

  • You were coerced into signing the prenup before getting married.
  • The prenup is unfair, meaning your spouse is entitled to keep everything, leaving you with very little.
  • The prenup contains false information. For instance, if your spouse undervalued his/her assets at the time the document was drawn up, this could be used to challenge it.
  • You didn’t understand the terms of the prenup and had received no legal advice from one or more Jacksonville divorce lawyers.

If you think your prenup can be challenged, we’ll help you locate Florida divorce lawyers who better determine this for you.

Need help challenging a prenup? can help.

If you’re getting divorced in Jacksonville but also have a prenup, there’s a good chance the terms will be upheld, unless you’re able to prove the document is fraudulent or meets any of the other criteria listed above. Proving this can be challenging, especially if your spouse hired divorce lawyers of their own.

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Photo by Versa Arsic from Pexels

So, if you think your prenup contains a fallacy and would like to discuss this more in-depth with a skilled attorney, can place you in touch with those who can help. In addition to getting you connected with a lawyer skilled in divorce law, we also have close working relationships with child custody lawyers.

It’s always a good idea to consult with an attorney before filing for divorce, especially when minor children are involved. Not only can they provide you with some helpful advice, but also guide you through the process so that you understand it and can make informed decisions.

Have questions about this article or a legal concern? Call 800-672-3103.



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