When a marriage ends in divorce and one party seeks to enforce a prenuptial agreement, a Lee County court examines the agreement's execution and the circumstances surrounding it. A valid Florida prenuptial agreement must be in writing, signed by both parties, and entered voluntarily with full financial disclosure. The party challenging the agreement typically argues duress, incomplete disclosure, or unconscionability.
An agreement that passes those tests will be enforced even if the terms significantly favor one party. Florida law does not require prenuptial agreements to be fair in hindsight, only that they were entered into fairly. Brodzki Jacobs drafts Fort Myers prenuptial agreements to withstand that scrutiny, which means the process of making sure the procedural requirements are met is built into the drafting itself rather than treated as an afterthought. Contact the firm to make sure the agreement is structured correctly from the start.
