By Robin Roshkind, Esquire, West Palm Beach, Florida
Financial disclosure, sometimes called discovery, or mandatory disclosure, is an important requirement of several legal situations. Without it, the validity of an agreement cannot be verified, a divorce cannot be granted and a prenuptial agreement may be declared voidable.
For example, a financial affidavit and supporting documents such as tax returns are a requirement for a divorce in Palm Beach County. Without the parties’s disclosure, the judge cannot grant a divorce.
In cases where the parties wish to marry and have a prenuptial agreement, disclosure is required before a party can waive his or her marital rights.
In a marital settlement agreement, if there is any hidden money, secreted bank accounts or funds not disclosed, a divorce will turn nasty, lengthy and expensive.
We lawyers have our ways of getting hold of these documents. We issue a request to produce certain documents, interrogatories, or a request for admissions.
We divorce lawyers also have our ways to limit disclosure. Discovery can be protected though if it causes undue burden, is a vague request, too broad in time frames. This is accomplished by a motion for protective order and a hearing before the judge.
If you are thinking about getting divorced or married in Palm Beach County, Florida, call ond of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.