This could be a problem in which a party had a high-income job at the time of signing the marriage contract and therefore did not ask for omission. Then, during the marriage, this party became unfit for work because of a disability. Although their financial situation has changed considerably because the right to insecurity was initially abolished, they cannot be subdeserved at the time of divorce. See Florida pre-nuptial agreement law 61.079. A marriage contract in Florida can cover a wide range of topics. These include subdivision, debt sharing and assets in the event of divorce. In addition, the agreement may consist of many complex requirements that are not part of a typical contract. Therefore, it is important to consult an experienced Tampa pre-marriage attorney, while creating and signing a pre-marital agreement. Many divorce firms will offer free preliminary consultations on this type of legal issue. A court may find that a party has gone too far when there is a significant inequality of bargaining power or other circumstances in which there is no reasonable choice. Imagine a young Donald Trump negotiating with an 18-year-old student who works as a waitress. She doesn`t hire a lawyer to help her, and Donald says he`ll always take care of her when she only signs the preliminary contract for 400. If this agreement is unfair, the document on which it is written would not be worth it and a court would set it aside for excess.
Florida courts can find some or all, invalid of a marriage contract for a number of different reasons. Courts will always check agreements to determine if they are consistent with Florida law. In general, marital agreements are unenforceable for one of three reasons: under Florida`s pre-marriage law, a prenup may be applicable even if the conditions are unfair. For example, in Ferguson v. Ferguson, the court upheld a marital agreement on the transfer of real estate before the market crashed. Under the agreement, the husband would have to retain sole ownership of the house in exchange for the wife`s payment of $185,000. In addition, the husband should compensate the wife for all property taxes, investments or other expenses related to wealth. The preliminary contract was drawn up before the collapse of the real estate market in 2008 and did not expect a drastic depreciation of the property. The husband attempted to nullify this provision because the change in the values of the house greatly aggravated the agreement for him. However, the court upheld the marriage agreement and ordered both parties to fulfill their obligations. This provision defers the centre of gravity of the actual signing of the marriage agreement to the period for which the agreement is established.