Motion to Enforce Prenuptial Agreement
Motion to Enforce Prenuptial Agreement in Tampa
A prenuptial agreement is an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage fail. During divorce proceedings, a party may move to enforce the prenuptial agreement so that it governs the distribution of the property and alimony. If the motion to enforce is awarded, the terms of the prenuptial agreement are ratified into a final judgment of dissolution of marriage. If any other issues remain, such as regarding timesharing, parental responsibility, or child support, they must be tried in the normal course if the parties are unable to agree to them. Because the best interests of the child prevail, these issues cannot be negotiated in the original prenuptial agreement.
Motion to Enforce Prenuptial Agreement Solutions
The attorneys of Open Palm Law have successfully argued to enforce prenuptial agreements. Let them do so for you.
FAQs for Motion to Enforce Prenuptial Agreement
Will my prenuptial agreement be enforced if it leaves my spouse with much more assets and income than me?
Probably so. In very rare instances, a judge may overturn a prenuptial agreement because it is so one-sided as to be unconscionable. But usually, even if one side receives much more than the other, the agreement won’t be set aside on this fact alone.
My spouse has moved to set aside our prenuptial agreement. Can she do that?
Yes, she can. But it will be enforced unless she can prove one of the following: 1) it was not executed voluntarily; 2) it was the result of fraud; 3) it was the result of duress, coercion, or overreaching; 4) it was unconscionable; 5) there was not fair and reasonable disclosure of the property or financial obligations of the other party; 6) the spouse did not voluntarily and expressly waive the right to financial disclosure; or 7) the spouse did not have, or reasonably could not have had, an adequate knowledge of the other spouse’s finances.
What happens if my prenuptial agreement is enforced?
A final judgment of dissolution of marriage will be entered that incorporates the terms of your prenuptial agreement.
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JORYN JENKINS | FOUNDING PARTNER,
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Open Palm in Tampa, Florida is proud to present our firm’s founder, Joryn Jenkins. Please take a moment to read about her qualifications to assist you. We also invite you to view her resume.
In the beginning, Ms. Jenkins worked for one of the ten largest law firms in the country in its Washington, D.C. office. After nearly three years practicing in all aspects of regulatory law, she took a break from big firm life to work exclusively for one of her own clients on a class action involving more than fifty sex discrimination claims in California. When she returned to the East Coast, she accepted an offer from the state attorney in Tampa, E.J. Salcines (now an appellate judge). CONTINUE READING…
