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How To Enforce A Postnuptial Agreement

Polidori Franklin Monahan – Beattie L.C. represents clients who want to challenge these agreements and defend them as designed. Factors taken into account in assessing the applicability of a marriage contract include: in general, the act of reconciliation after separation, or even in the examination of a divorce, is considered an appropriate consideration for the post-marital agreement to be applied like any other contract. Nevertheless, couples can also be effective in a property-sharing or termination contract in the event of a post-uptial divorce, even without a planned separation or divorce if there is a reasonable consideration. Most people understand the purpose of a marriage agreement: secure their separate assets (the fortune you put into marriage) before you get married. Many do not know that they can provide the same level of protection after they are married with a post-uptial agreement. A marriage contract is signed before the marriage, while after the marriage, a post-uptial contract is signed. Both documents can achieve the objective of securing the assets that each person brings to the marriage and whether there will be marital support in the event of a divorce. Marital and post-ascending arrangements help streamline the divorce process if the couple decides to pursue separate paths. Marital and post-marriage agreements are contracts and are written and applied as contracts, but there are many very important exceptions to this general rule. Florida courts generally maintain pre-marital and post-marriage agreements (even if these agreements are written and executed in other states or countries) as long as certain conditions are met and the agreement has been voluntarily concluded by both parties. Whether you want to impose a marriage contract or a post-ascendancy agreement or set aside a marriage contract or a post-uptial agreement, the lawyers of Richard A.

Schurr, P.A. have represented many clients in such a procedure. There are several reasons to cancel an agreement, including the fact that the agreement was entered into under duress, fraud or lack of regular disclosure. Given the considerable financial impact of marital and post-ascending agreements, it is essential that you maintain experienced family law and divorce lawyer if you are involved in the dissolution of marriage actions, if you want to enforce such an agreement, or if you are trying to terminate such an agreement.