Disputing Prenuptial or Postnuptial Agreements

Many couples choose to draft a prenuptial or postnuptial agreement during their marriage. Both of these are marriage contracts which details how your assets will be divided if you and your spouse decide to divorce. Although a postnuptial or prenuptial agreement can be a pivotal tool for some marriages it can also lead to strife.

Disputing a prenuptial or postnuptial agreement is incredibly difficult. The marriage agreements are technically legally binding contracts and altering them can be incredibly complex. Fortunately, it isn’t impossible. You can dispute your current prenuptial or postnuptial agreement with quality legal representation. 

Attorney for Fighting Prenups or Postnuptial Agreements in Broward County, FL

A prenuptial or postnuptial agreement is created for your benefit. If the marriage agreement doesn’t reflect your interests, you have a right to challenge it. It can be arduous, but it can be done if you have the right legal representation.

Contact Bacchus Law Firm to schedule a case consultation today. Attorney Nisha E. Bacchus is not just qualified but skilled in family law. She has handled numerous complex issues such as divorce, drafting prenups and postnuptial agreements and child custody. Do what’s best for you and your family by contacting Bacchus Law Firm.

You can call us now at (954) 500-5555 for a consultation. Bacchus Law Firm accepts clients throughout the greater Broward County area including Pembroke Pines, Hollywood, Pompano Beach and Fort Lauderdale.

 Overview for Challenging Prenuptial or Postnuptial Agreements

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What Does a Prenuptial or Postnuptial Agreement Cover?

Marriage agreements serve as a type of security for both parties. If you and your spouse decide to divorce, the agreement’s provisions will dictate where your assets go. Prenups and postnuptial agreements, however, don’t just cover what happens in case of a divorce. 

They also require both you and your spouse to disclose all your assets and financial obligations. This includes any debts you’ve acquired over the years. Some marriage agreements implement provisions unrelated to divorce such as implementing life insurance.

Listed below are the provisions usually listed in a prenuptial or postnuptial agreement. 

  • What your assets and financial obligations were before you were married;
  • What your spouse’s assets and financial obligations were before you were married;
  • How you will divide shared and separate assets if you decide to divorce;
  • Giving the right to one party to make decisions about property that gains interest such as leasing your house or selling a business;
  • Implementation of a will or trust for you or your partner; and
  • Life insurance policies

It’s important to remember you can only discuss child custody, time-sharing and child support in a postnuptial agreement. Prenuptial agreements cannot include provisions about shared children.

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How Can I Challenge a Prenuptial or Postnuptial Agreement?

A premarital or postnuptial agreement is a contract, so it’s tricky to dispute. If you have skilled legal representation though, you can challenge that the agreement was never valid in the first place. Prenuptial or postnuptial agreements must follow certain protocol to be considered valid, which include:

  • Both parties must have independent legal representation;
  • The agreement was drafted voluntarily by both of you;
  • You and your spouse must disclose your assets and financial obligations to one another unless one of you waive this right;
  • The marriage agreement cannot be made through threats, fraud, coercion or force; and
  • It cannot be considered unconscionable

A prenuptial or postnuptial agreement is determined to be unconscionable if:

  • You or your spouse didn’t fairly disclose their assets and financial obligations to you;
  • Neither you or your spouse waived the right to have your assets disclosed; or
  • Your partner didn’t disclose certain assets, or you were unaware of certain property and financial obligations under your spouse’s name

You and your attorney can challenge your standing agreement by saying it wasn’t executed properly. If you felt pressured into your marriage agreement, then you can challenge it in court stating you were coerced. You can also state the agreement is invalid because your spouse threatened, blackmailed or in any other way forced you to sign. 

In some cases, one spouse hides assets from another. If your spouse didn’t disclose all their assets, then they’re not upholding their side of the agreement. You and your attorney can provide evidence to the court that your former partner wasn’t following the provisions listed in the agreement.

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Additional Resources

Filing for Divorce – Visit the official website of Broward County Family Court to learn more about how to file for a dissolution of marriage. Learn the difference between simplified, uncontested or contested dissolution of marriage. You can also access the site to learn what happens if you divorce with or without children. 

Premarital Agreements – Visit the official website of Florida’s Legislation to learn more about how prenuptial work under Florida law. Access the site to learn the legal jargon, what a premarital agreement is composed of and how it’s enforced.

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Lawyer for Prenuptial and Postnuptial Agreements in Fort Lauderdale, Florida

If you wish to alter or dismiss a standing prenuptial or postnuptial agreement, it’s imperative you contact an experienced attorney. You will need representation to challenge a marriage agreement because it’s a legally binding contract. Contact Bacchus Law Firm to review the validity of your agreement today. 

Nisha E. Bacchus is an accomplished attorney with years of family law practice. She can assess your agreement to see what’s the best way to combat it. Additionally, Ms. Bacchus can investigate to discover if your former spouse is hiding assets from you.

Call us now at (954) 500-5555 to schedule a case consultation. Bacchus Law Firm accepts clients throughout the greater Broward County area including Pembroke Pines, Hollywood, Fort Lauderdale, and Pompano Beach.

This article was last updated on June 6, 2019.