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Challenging a Post-Nuptial Agreement

Most people have heard of pre-nuptial agreements, but not everyone is as familiar with post-nuptial agreements. Whereas pre-nups are arranged prior to the marriage, post-nuptial agreements can be written after the marriage is official.

Post-nuptial agreements tend to be a type of vehicle that is commonly used when a couple might be thinking about getting a divorce but may be trying to first reconcile. No matter the cause, both parties want to continue to give each other a chance by working together, but they also want to be sure they’re protected financially in case things don’t work out.

You can also see post-nuptial agreements commonly when partners find, after a time, that they cannot reconcile “my money” versus “their money” and it simply becomes easier to set parameters for the health of the marriage.

What is in a post-nuptial agreement?

Post-nuptial agreements enable the couple to resolve finances prior to getting a divorce. Important considerations like what will happen with respect to a business, alimony, and equitable distribution of assets and debts are established with the post-nuptial agreement. Important to note is that Florida law allows you to disinherit adult children, but it does not allow you to disinherit spouses unless it is included in a pre-nuptial or post-nuptial agreement.

Can you challenge a post-nuptial agreement?

Yes, there are grounds to challenge a post-nuptial agreement, but each situation varies significantly. Here are some examples when it may be possible to challenge the agreement:

  • One spouse was coerced into signing the post-nuptial agreement and/or did not have enough time to review the final agreement.
  • The agreement contains false information, including misinformation about income, assets or debts.
  • The agreement is overreaching or unconscionable.

Having something in writing that explains exactly what will happen in the event that things don’t work out with your spouse is a good step to take to protect your future. If you need help with a post-nuptial agreement, contact us today at Vasquez de Lara Law Group.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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