By Robin Roshkind, Esquire, West Palm Beach, Florida
You are going to get married. You hire a lawyer to draft a prenuptial agreement. After extensive negotiations, all is agreed to, signed by both the future bride and groom, and the wedding takes place. After several years, you want to divorce. How do you go about enforcing a prenuptial agreement when your spouse wants to contest its terms?
There are several things to consider in prenuptial agreement litigation. Below is the list:
1. How close to the wedding date was the prenuptial agreement executed by both parties.
2. Was there duress in the signing. Was the signing videotaped.
3. Was there full financial disclosure by both parties and was there any fraud.
4. Were the terms of the prenuptial agreement reasonable under the circumstances of the parties.
5. Did both parties read English.
6. Did both parties have lawyers representing their best interests.
7. Were both parties able to understand what they were signing.
If you answered no to any of these, or the signing of the prenuptial agreement was too close to the wedding date, you may be able to void the prenuptial agreement. For more information, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.