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.