When Your Prenup Is Less Than Ironclad Are Prenups Always Enforceable?
People who have signed a prenuptial agreement often assume their divorce will be straightforward. But for better or worse, that’s not always the case. Surprisingly, prenups aren’t always as ironclad as the people who signed them think. Florida judges can and will invalidate prenuptial agreements under the right conditions. When they do, the spouses must proceed with their divorce as if the prenup never existed. An unenforced prenup can substantially change both parties’ quality of life, but invalidating the agreement is no simple task. One of three scenarios must be present for a judge to consider invalidating a prenup. The prenup must have been signed unwillingly, the product of duress or coercion, or “unconscionable” due to withheld information from one spouse. While these criteria can cover many scenarios, some are more likely to pop up than others. Judges are more inclined to invalidate an agreement where one spouse did not have access to an attorney. To be clear, they will not invalidate a prenup if the person decided not to hire counsel — only
if they effectively could not. Judges only refuse to enforce prenups due to unfair circumstances, not bad decisions. Meanwhile, common coercion scenarios usually involve one spouse presenting another with a surprise prenup shortly before (or even the day of) the wedding. With so many pressures, it’s reasonable to assume the other person felt they had no choice but to sign, thus lacking the capacity to sign a binding contract. The court will not, however, disregard a relatively fair prenup negotiated over months just because it was signed close to the wedding. Since 2007, spouses have had the right to waive full financial disclosure in their prenuptial agreements. But if they did not explicitly waive this right, or if the couple signed the contract before 2007, the law requires reasonable
disclosure of assets by both spouses. Still, a failure to disclose is not enough to invalidate a prenuptial agreement. A court will only strike the prenup down if it is “unconscionable” — wildly unfair — due to the missing information. When considering a prenuptial agreement, we recommend you always seek legal advice to ensure your contract is both fair and enforceable. And if you’ve been the victim of an unfair prenup process, the Bruce Law Firm is here to help you understand your options.
Slow Cooker Chicken and White Bean Stew
Inspired by EatingWell.com
Ingredients
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4 15-oz cans cannellini beans, drained and rinsed
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4 cups chopped kale 1 tbsp lemon juice 1/2 tsp kosher salt 1/2 tsp ground pepper
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6 cups chicken broth
1 cup chopped yellow onion
1 cup sliced carrots
2 tbsp extra-virgin olive oil
1 tsp finely chopped fresh rosemary 1 4-oz Parmesan cheese rind 2 1-lb bone-in chicken breasts
2/3 cup grated Parmesan cheese
1/4 cup parsley leaves
BLF relaxing after a Firm meeting
Directions
1. In a 6-quart slow cooker, combine beans, broth, onion, carrots, rosemary, and Parmesan rind. Top with chicken. Cover and cook on low until the beans and vegetables are tender, about 7–8 hours. 2. Remove chicken from slow cooker. On a clean cutting board, let the chicken rest until cool enough to handle, about 10 minutes. Shred the chicken and discard bones. 3. Return chicken to slow cooker and stir in kale. Cover and cook on high until kale is tender, 20–30 minutes. 4. Stir in lemon juice, salt, and pepper. Discard the Parmesan rind. Serve the stew drizzled with oil and sprinkled with Parmesan cheese and parsley.
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