By Robin Roshkind, Esquire, West Palm Beach, Florida
I get this question all the time in my practice … my divorced agreement is enforceable, but now I would like to divorce? The answer is it depends on the agreed terms.
The initial test speed is how long before the wedding was the divorced agreement is negotiated and implemented? If it was less than 30 days, could claim coercion.
Both parties had representation by lawyers? If a party was a lawyer and not the other, it could be an over reach claim.
There were honest and full disclosure of Finances on behalf of both parties? You want to know what your rights are waiving when you waive rights via a divorced agreement. Full disclosure also avoids claims of fraud.
The parties read, understood and agree to what has been signed with full knowledge and intent to be bound? Everyone should read and understand what their assent.
There is no obstacle language? This last point, read and understand the divorced agreement.
If there was any doubt about the above points, a divorced agreement be questioned and possibly canceled.
Divorced agreements determine what happens in the future. It is expensive to prepare for, and sometimes requires expertise of taxes and estate planning assistance, and divorce assistance. For more information call one of the lawyers for divorce at ROBIN ROSHKIND, p.a. in 561 835 9091 or click from the company website at www.familylawwpb.com for more information.
The URI to trackback this entry is: http://robinroshkind.wordpress.com/2011/05/11/pre-nuptial-agreements-and-divorce-do-they-stick/trackback/
RSS feed for comments on this post.
No comments:
Post a Comment