We’ve been discussing in recent posts on this blog the topic of prenuptial agreements, specifically what they can and cannot deal with under state law, as well as the circumstances under which a court may not enforce them. In this post, we want to touch briefly on the issue of unconscionability.
In our previous post, we spoke briefly about prenuptial agreements and what they can and cannot deal with in Florida. As we noted, there are certain limitations as far as the types of provisions prenuptial agreements may deal with, but there is also a lot they can address. Here we want to talk about the requirements for setting up a valid prenuptial agreement, as well as their enforceability.