Well, the answer is maybe. If there is substantial competent evidence to show that the agreement was executed under fraud, duress, coercion, misrepresentation, or overreaching.[1] Even if a court rules that a spouse signed a prenuptial agreement under duress and declares it voidable, it is still subject to the equitable defenses of ratification and laches where the complaining spouse takes no action after being advised of the inequity of the agreement.[2]
Even if a court finds that there is substantial competent evidence that a spouse signed a prenuptial agreement under fraud, duress, coercion, misrepresentation, or overreaching and declares it voidable, it is still subject to the equitable defenses of ratification and laches where the complaining spouse takes no action after being advised of the inequity of the agreement.[3] For a more in-depth look at Florida Law on Prenuptials click here.
[1] A spouse “may set aside or modify an agreement by establishing that it was reached under fraud, deceit, duress, coercion, misrepresentation, or overreaching.” Gordon v. Gordon, 25 So. 3d 615, 616-17 (Fla. 4th DCA 2009)(Quoting Casto v. Casto, 508 So. 2d 330 at 333 (Fla. 2nd DCA 1987)).
[2] “We review a trial court’s determination of the voidability of an antenuptial agreement for competent, substantial evidence.” Flaherty v. Flaherty, 128 So. 3d 920, 923 (Fla. 2nd DCA 2013)(Quoting Bakos v. Bakos, 950 So. 2d 1257, 1258 (Fla. 2nd DCA 2007)).
[3] Flaherty v. Flaherty, 128 So. 3d 920, 922 (Fla. 2nd DCA 2013).