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Prenuptial Agreements: Can These Contracts Be Broken?


A prenuptial agreement is a contract that is decided on prior to a marriage union. This contract will establish the groundwork for what things will look like if the couple were to divorce in the future. Generally a prenup will cover anything from division of property, spousal support, usually done so as a means of the more wealthier party to protect their assets in the event of a divorce This contract may also include the forfeiture of all assets if there is an act of adultery, as well as the custody and support if there are children involved in the marriage.

The question then remains, once a prenuptial agreement is decided upon, can they be broken? There is a possibility that they can be, though it is definitely not an easy process to go about. It is believed that the most common way to break a contract is to find that there is some sort of error or mistake in the paperwork. If there is anything wrong with the way the prenup is filled out, there is a greater possibility that the contract will be dismissed.

Decades ago, the idea of filing for a prenup was a taboo topic to discuss, while people wanted to protect their assets, people hearing that they were considering a divorce even before the marriage was uncalled for. Times have changed significantly though, and now a divorce is very common, if not encouraged, for those couples who feel as though they no longer desire to be married. While there are no statistics on how many people fill out a prenup agreement on a yearly basis, it is believed that the process has at least doubled within the last two decades.

Commonly, prenuptial agreements are done when there is a high-net-worth marriage, this can be in Hollywood, for wealthy entrepreneurs, etc. but it doesn’t just have to be for those wealthy families. Some couples believe that drafting a prenup before they marry will help keep the waters a little calmer in the future if they are to ever divorce, they may or may not use it, but either way they are prepared. As with most marriage and divorces laws, they are specific depending on what state you live in, and therefore discussing your concerns with a local attorney is a crucial step if you are ever concerned with other drafting, or breaking a prenuptial contract.

A divorce in of itself involves many legal details, and seeing that it is already a difficult time to go through for any person, having the guidance of an experienced attorney can help relieve some of the stress of the divorce itself. If you or someone you know is considering filing for a divorce, contact Hutchinson Law for a Jacksonville, Florida attorney who is ready to help you through the process. Call us today to discuss you case and receive more information!