When one person has significant assets and marries another person who is not as well-off as he or she is, the parties may decide to create a prenuptial agreement before marrying. Similarly, if a person marries another and then discovers that the other person has significant personal debt from before the marriage, the two individuals may enter into a postnuptial agreement. In either case, these sorts of agreements are meant to serve three main purposes:
The exact reasoning that may be used to fight a prenup or postnup depends on a complete analysis of the agreement and an examination of the prior interaction between the parties. The attorney examining the situation must be creative, think out-of-the-box, and be willing to explore every possible angle. The bottom line that that Florida courts start with the position that a prenup or postnup is enforceable and valid. The attorney’s job is to prove the agreement should be invalidated based on valid reasons. This can prove to be very difficult, and complex, and must be approached in a very intelligent manner.
The Law Firm of Ayo and Iken PLC can help. We have attorneys that have litigated complex situations involving prenuptial and postnuptial agreements. Call us to set up an in-depth analysis of your situation.
