Enforcing a Prenuptial Agreement.

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.

The importance of video taping the signing of the pre nuptial agreement.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pre nuptial agreements plan for the future…the future of the spouse with the assets, AND the future of the spouse with less assets.

It is a legal, enforceable contract between two people who are getting married.  It sets forth terms of the marriage, terms of any potential divorce, and terms should one or the other spouse die.  However, it is important to remember that even though a pre nuptial agreement may have death provisions for the surviving spouse, it is not a testamentary document.  It must be accompanied by testamentary documents such as a will or a trust.

So why video tape the actual signing of the pre nup?  For protection against the various reasons a pre nuptial agreement can be declared invalid down the road.  

Here are the obvious reasons for taping the signing of the pro nuptial agreement:

1.  If there is a difference in nationality between the future husband and the wife, to be certain there is no language barriers and that the parties fully understand what the agreement says and what they are agreeing to.

2.  To avoid any misunderstandings or misinterpretations of what the agreement says.  For clarity purposes.

3.  To be certain both parties are agreeing voluntarily and without pressure from the other. 

4.  To be certain there if full disclosure of finances.

5.  To avoid fraudulent behavior, information or facts.

6.  To prevent duress, over reaching, or egregious claims years later.

By both the verbal and non verbal clues on the video tape, the prenuptial agreement becomes more enforceable should there be a future challenge by either party.  To find out more about prenuptial agreements, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling 561-835-9091.

Checklist for Prenuptial Agreements

By Robin Roshkind, Esquire, West Palm Beach, Florida

Aside from the actual terms and content of a prenuptial agreement, there are certain “rules” to follow to assure an additional level of protection from the prenuptial agreement being voided by litigation many years later.

The following “rules” are what our firm’s lawyers do in protecting and serving our clients who are getting married and require a prenuptial agreement:

1.  The Agreement must be negotiated and terms decided upon at least 30 days prior to the wedding date.  This avoids undue influence and gives parties time to reflect.

2.  Both parties must be adequately represented by counsel.  This is to avoid an unrepresented spouse from declaring “overreaching”.  It is almost silly not to have a family law attorney since this is specialized work and very far reaching into the future.

3.  There must be sufficient disclosure of each party’s premarital assets.   In order for a future spouse to waive his or her rights, he or she has to know what he or she is waiving.  This prevents fraud.

4.  Address any penalties for a spouse who challenges the agreement and does not prevail in court. 

5.  Video tape the actual signing of the prenuptial agreement.  This puts further protections so that a party cannot say they didn’t understand what they were agreeing to. 

6.  If one of the parties is a foreigner, and language barrier could be used as an excuse to void the prenuptial agreement, we always have an interpreter.

For more information about prenuptial agreements, click on our website at www.familylawwpb.com or consult with one of the attorneys at Robin Roshkind, P.A. by calling 561-835-9091.