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A prenuptial agreement is a legal document signed by a couple before marriage that outlines how certain issues will be handled in the event of divorce or death. Provisions may be made for the division assets, alimony, retirement benefits and other arrangements such as guardianship and inheritance protection. As with any legal contract, it can be contested. Contact a divorce attorney at TK Law today to discuss the legal options to get out of a prenup now that you are divorcing.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Our attorneys have decades of experience creating airtight prenups. We know what elements can be justifiably contested. Particularly if a spouse is under duress (or coerced or threatened) into signing, does not have full disclosure of the other’s finances, or signs an agreement that is unconscionable or overreaching, we succeed in having judges void the agreement.
A prenup is also potentially voidable for conflict of interest, if the signing spouses did not obtain separate legal counsel. Typically the person requesting the prenuptial agreement hires their attorney to draft the contract. When the other party is not legally advised and represented by their own separate lawyer, the playing field is certainly not level.
Call TK Law today for a no obligation consultation: 1-855-Kramer Now (1-855-572-6376).
Signing a Prenup under Duress
If for any reason you felt like you were threatened or coerced into signing a prenup, this is cause to void the entire agreement. As we discuss in the video above, duress does not have to mean that you were threatened at gunpoint. However, being handed a prenuptial agreement the night before your wedding and given an ultimatum to sign it may show a judge you were indeed under duress at the time you agreed to the prenup. As with any legal contract, a person must also be mentally competent, including being clear of any state of intoxication, in order to sign a valid prenuptial agreement.
An Orlando divorce lawyer at TK Law will work to show the court that you were pressured into, strong-armed or otherwise unfairly compelled to sign the prenup.
Failing to Report All Income or other Fraud
If there is any inclination that all income from the other spouse is not reported, then a judge may void a prenup and put everything up for grabs. This is especially true if there was not a full disclosure of trusts, lottery winnings or other assets – or even debts – initially reviewed when the prenup was drafted. If a person lies in any clause of a prenuptial agreement, the judge will nullify the contract.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Signing an Irrational Agreement
Matters in a prenup considered unconscionable or overreaching – or just plain common sense as wrong – make a prenup potentially voidable. For example, if you are married to a billionaire and you waive your rights to any compensation whatsoever in a divorce, then it is likely that kind of prenup will not hold up in court. Also unconscionable is if one spouse agrees to pay an amount of alimony that is considerably more than his or her entire year’s salary.
The court may also find that a prenup is illogical or unreasonable when it comes to the children. In the State of Florida, under no circumstances can a prenuptial agreement restrict or barter away a child’s right to financial support, custody and visitation.
Get Out of a Prenup with Attorney Representation
Florida courts will consider both case law and statute when determining if a prenuptial agreement is enforceable or not. You need an experienced, no-nonsense attorney any time you are contesting a legal document. At TK Law, we do not waste time getting to work for our clients and getting you out of faulty contracts and agreements.
TK Law is here for all your legal needs. Not only do we challenge prenuptial agreements, but we also work with other attorneys and mediators, accountants and counselors to guide our clients through the entire divorce process with as little strain, and as much compassion, as possible.
A full service law firm, TK Law strives to be your one firm for life. We are capable, prepared and well qualified to represent you, no matter what legal challenges you are facing. Contact TK Law today.
Get Help with Legal Issues Now! – Call 855-Kramer-Now (855-572-6376)
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