The best way to understand is for a lawyer to check your agreement to see if there are any weaknesses. However, there are some areas that may concern a judge. Howard Iken is Prenup Agreement Attorney in Tampa, Florida and is part of a multi-attorney practice in Orlando, Lakeland, New Port Richey and Clearwater. It provides help and advice for the development of prenups, attacks on prenups and the defense of Prenups. Whoever attempts to certify the marriage agreement is responsible for bringing the Court before the Court. This person must prove one of the following evidence: fraud is intentional misrepresentation or omission of an important fact to cause another person to do what you want. For example, look at the case of a future husband who lying to his future wife about his fortune before signing a marriage pact. The bride-to-be, who relies on the lie of the future husband, decides that the marriage agreement is a good deal and that he executes. If the bride-to-be wanted to challenge the spouse later, the husband`s fraud would be the best starting point. Perhaps the most common reason for a marriage agreement overturned by the Court is that the parties do not share sufficient financial information before the agreement is signed.
If you and/or your spouse do not have a lawyer to advise you on the agreement, he or she may be in danger if you divorce. Same thing if the same lawyer represents you both. Your lawyer should and cannot defend your interests if he or she also represents a competing party with competing interests. Family courts in Florida recognize the validity and applicability of Prenup agreements, also known as association agreements. There have been several cases in which the courts have reviewed the requirements of the agreements and the reasons for enforcement and cancellation. There may have been mediation that led to your signing. One or the other person may have a high income or considerable wealth. And there could be a prenup lawyer on a page, or both parties could have a lawyer.
This article examines the facts that support Duress and whether it is a good reason to invalidate, attack or defend a Prenup agreement. This information is useful to check whether you are considering signing a prenup or if you are wondering how applicable an existing agreement is. Although there are many problems with the applicability of the agreement, we will discuss a common claim – Duress.