Challenging Prenuptial Agreements In Florida

In Hjortaas v. McCabe, 656 so.2d 168 (fla. 2d DCA 1995), the court ruled that the marriage contract was the product of coercion because the woman`s contract was presented only two days before the marriage. The best guide to knowing what is or should be public order is Florida`s statutes. If the marriage contract directly violates Florida`s statutes, it de facto violates public order. For example, In Gordon v. Gordon, 25 d.3d 615 (fla. 4th DCA 2009), the husband`s financial disclosure that was attached to the marriage contract, did not list his airline pension. The court upheld this marriage contract by recognizing that the husband had disclosed significant assets and that the undisclosed retirement plan represented only a small fraction of the husband`s total net assets. Consideration is required for each contract in the United States. The consideration represents something that each party will give up or receive under the agreement. Unlike a marriage contract, the marriage itself cannot be considered a valid consideration.

In post-marital contracts, the marriage would have already taken place before the post-marital contract. There must therefore be another form of counterpart to the agreement. As a general rule, the party wishing to enforce the agreement has the burden of proof of full disclosure. If the presumption is not rebutted by evidence, the agreement as a whole may be annulled or limited to certain provisions. However, if there is sufficient evidence to rebut the presumption of non-disclosure, the agreement is enforceable, regardless of the unfairness of the contractual terms. It is therefore highly recommended that you appoint a Tampa divorce attorney to assist in the preparation of the marriage contract. An experienced lawyer can help ensure that the agreement stands up to judicial review. In summary, if a spouse maintains his or her standard of living after the marriage contract is enforced, the law says, “What are you complaining about” and can it make the marriage contract last? Coercion is the act of forcing another person to do something, and it offers valid reasons to challenge a prenup. Coercion does not require the use of physical force, or even the threat of physical violence.

It is enough for a party to show that it felt compelled to take action. For example, if one person presented a prenup to the other and got angry about not signing it, the other person can sign it to prevent it from becoming violent. This could be a constraint and cancel a prenup. If the other spouse does not maintain his standard of living, if the marriage contract was obtained after the divorce, we must determine if this is what he negotiated for. A marriage contract is a legal contract that defines what a couple gets in the event of divorce. In Florida, the uniform prenuptial Agreement Act (UPAA) passed in 2007 governs marriage contracts. . . .

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