Pre-Nuptial Agreement Litigation
Sarasota, Bradenton and Venice Florida Prenuptial Agreement Litigation
A prenuptial agreement is used by parties who plan to marry and wish to resolve any financial and estate planning issues that may arise through divorce and death. Typically, couples who are each entering into a second marriage consider prenuptial agreements for the purpose of making sure that their children from each of their first marriages are protected financially. It should be noted that in Florida a prenuptial agreement needs to be executed at least 60 days before a marriage occurs. The prenuptial agreement must be made in contemplation of marriage and include certain terms. A prenuptial agreement may address property, debt, spousal support and business ownership issues. Other issues such as child support, parental responsibility (child custody), and timesharing (child visitation), are not legally enforceable if included in a prenuptial agreement.
Sarasota, Bradenton and Venice, Florida prenuptial attorney Matthew Z. Martell litigates to enforce or challenge prenuptial agreements. It is important that you have an attorney who has the knowledge and experience in this specialized area of the law to keep your prenuptial agreement in full force and effect during your divorce. Oftentimes, during the marriage spouses will disregard the terms and conditions of their prenuptial agreement over time as they grow more trusting and comfortable with each other as well as the state of the marriage. Some of the more frequent examples of this are commingling of separate pre-marital assets into marital bank accounts and marital investment accounts. Another common situation is the failure to disclose a financial affidavit and financial records at the time of execution of the prenuptial agreement. Both of these scenarios are potential grounds for not enforcing or setting aside part or all of the prenuptial agreement. So, if you find yourself in such a position, then don’t leave the enforcement of your prenuptial agreement to chance. Hire a Sarasota, Bradenton and Venice, Florida prenuptial agreement lawyer who is knowledgeable and experienced in enforcing prenuptial agreements.
Additionally, Sarasota, Bradenton and Venice, Florida lawyer Matthew Z. Martell also has experience in challenging, breaking and setting aside prenuptial agreements. Often this is difficult to do because although legal grounds exist, the spouse challenging the prenuptial agreement has little to no assets in his or her name at the time of the divorce. If you plan on challenging a prenuptial agreement, then make sure that you have access to funds and credit to do so. You cannot rely on a judge ordering that your attorney’s fees be paid by your spouse sometime in the distant future. Often, if that does occur, it does not happen until the end of the case. Either way, call the Law Office of Matthew Z. Martell, P.A. in Lakewood Ranch and Sarasota, Florida because we can help you draft, enforce, or break a pre-nuptial agreement.
DEFENSES TO A PRENUPTIAL AGREEMENT
A pre-nuptial agreement may be challenged for a variety of reasons. Some examples of things that may be challenged are:
- The agreement is vague in its terms.
- The agreement was not entered into voluntarily.
- The terms are unfair or unreasonable.
- Certain terms such as waiver of child support, waiver of parental responsibility, waiver timesharing, and waiver of temporary alimony are not legal.
- The agreement was signed under duress, coercion, or undue influence.
- Fraud was committed to induce the agreement; and
- The agreement fails to properly disclose each person’s assets and liabilities.
Identifying defenses to a prenuptial agreement is not always easy because there are specific laws that set out the elements of your legal defense. Sarasota, Bradenton and Venice, Florida prenuptial agreement lawyer Matthew Z. Martell is experienced in reviewing prenuptial agreements to identify any defenses or other problematic issues with the agreement.
SCHEDULE AN CONSULTATION REGARDING YOUR PRENUPTIAL AGREEMENT LAWSUIT TODAY
If you need assistance preparing, enforcing or challenging a prenuptial agreement in Sarasota, Bradenton or Venice, Florida, then seek out the help of The Law Offices of Matthew Z. Martell to learn how we can assist you. We strive to help our client’s find solutions for their legal problems. Contact us for a 30-minute free initial phone consultation to learn more at (941) 556-7020.