Divorce and the Prenuptial Agreement

By Robin Roshkind, Esquire, West Palm Beach, Florida

No one goes into a marriage thinking it will end in divorce.  However, where there are substantial assets to protect and perhaps a family from another relationship, a prenuptial agreement anticipates a divorce and prepares the parties for it prior to the marriage.

I have a client who married after living with a woman for three years.  The marriage lasted two.  He came to me and wanted to file for divorce.  The first question I asked was is his wife going to contest the prenup.  He indicated that she was not, and so the divorce would be fairly simple.

Guess what?  He was wrong.  The wife was an immigrant who did not read English very well.  She claimed in her divorce petition that she did not understand what she was signing when she signed the prenup.  They are still in litigation over this. 

I did not prepare the prenuptial agreement but if I had, I would have videotaped the signing of it, making it much more difficult for the wife to play this game. 

The point of this story is that anyone can contest or challenge a prenuptial agreement in a divorce case.  The question is whether or not the challenger will prevail.  The burden of proof requires fraud, over reaching, duress, misrepresentation, shame marriage. 

For more information, or if you are planning a marriage or a divorce in Palm Beach County, Florida call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

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