In contesting prenuptial agreements, parties should either establish fraud, duress, overreaching or that the agreements are unfair or make unreasonable provision for spouses. In determining whether agreements are unfair or make unreasonable provision for spouses, courts look at the parties relative situations, their ages, health, education, financial status.
In Hahamovitch v. Hahamovitch, the Florida Court of Appeal recently stated: “A party may challenge prenuptial agreements in one of two ways. The first ground for setting aside an antenuptial agreement is satisfied where a spouse establishes that the agreement was the product of “fraud, deceit, duress, coercion, misrepresentation, or overreaching.” Casto v. Casto, 508 So. 2d 330, 333 (Fla. 1987)…The second ground for vacating a prenuptial agreement contains multiple elements. Id. To challenge the antenuptial agreement on the second ground, ‘[i]nitially, the challenging spouse must establish that the agreement makes an unfair or unreasonable provision for that spouse, given the circumstances of the parties.’ Id. When claiming that an agreement is unreasonable, the challenging spouse must present evidence of the parties’ relative situations, including their respective ages, health, education, and financial status. Id. ‘ [A] trial court may determine that the agreement, on its face, does not adequately provide for the challenging spouse and, consequently, is unreasonable. In making this determination, the trial court must find that the agreement is ‘disproportionate to the means’ of the defending spouse.’ Id. ‘This finding requires some evidence in the record to establish a defending spouse’s financial means.’ Id…‘However, ‘[t]he element of fairness should, of course, be measured as of the time of the execution of the agreement.’ Del Vecchio v. Del Vecchio, 143 So. 2d 17, 20 (Fla. 1962); see also Francavilla v. Francavilla, 969 So. 2d 522, 526 (Fla. 4th DCA 2007)'”
To speak with a Palm Beach, Florida, attorney about contesting or enforcing a prenuptial agreement, contact Matthew Lane & Associates, P.A. at (561) 651-7273.