While most Florida couples engaged to be married certainly do not anticipate getting a divorce, the fact is that no one can predict the future. Sometimes one's marriage simply will not last. With this in mind, some couples have looked at the situation with a pragmatic eye, and entered into a prenuptial agreement, also known as a prenup. This agreement, which is executed before a couple marries, is essentially a legally binding contract that addresses, among other things, how the couple's property and debts will be allocated should the marriage end in divorce.
That being said, it is important to execute a prenup with the proper formalities. Otherwise, the document could be considered invalid. First of all, each spouse needs to lay all their cards on the table and completely disclose all of his or her assets and liabilities. The failure to do so could be considered an act of fraud, invalidating the agreement. In addition, in order to be valid, a person signing a prenup must not have been coerced into doing so. Moreover, a person must not have executed a prenup under duress. Also, a person executing a prenup must have the mental capacity to do so.