By Robin Roshkind, Esquire, West Palm Beach, Florida
I get this question all the time in my practice…is my prenuptial agreement enforceable, now that I wish to divorce? The answer is it depends upon the circumstances in which it was agreed upon.
The initial test is how long before the wedding was the prenuptial agreement negotiated and executed? If was less than 30 days, there could be a duress claim.
Did both parties have representation by lawyers? If one party had a lawyer and the other didn’t, there could be an over reaching claim.
Was there truthful and full disclosure of finances on behalf of both parties? You need to know what rights you are waiving when you waive rights via a prenuptial agreement. Also, full disclosure avoids a claim of fraud.
Did the parties read, understand and agree to what they were signing with full knowledge and intent to be bound? Everyone should read and understand what they are agreeing to.
Is there any language barrier? This goes to the last point of reading and understanding the prenuptial agreement.
If there is any doubt about the above points, a prenuptial agreement can be challenged and perhaps voided.
Prenuptial agreements control what happens to your future. They are expensive to prepare and sometimes require the expertise of tax advisors and estate planning counsel as well as divorce counsel. For more information 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.