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.

Related Posts

Recent Articles

11Dear Vanessa: Can I Vaccinate My Kid Even Though My Ex Doesn't Want To?
Dear Vanessa: Can I Vaccinate My Kid Even Though My Ex Doesn’t Want To?
April 20, 2022
11Finding Joy After Divorce and Rediscovering Yourself
Finding Joy After Divorce and Rediscovering Yourself
April 20, 2022
11How to Enforce Child Support after a Positive Paternity Test
How to Enforce Child Support after a Positive Paternity Test
April 20, 2022