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Popular Articles

Give Yourself Options

David Dunkel and his ex-wife, Maureen Daly, were in court fighting over how much stock Mr. Dunkel must transfer to his ex-wife. According to the Tampa Bay Business Journal, there were three possible outcomes to this courtroom drama.

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You Can Never Go Home Again… Can You?

When my daughter left for college, I was relieved. Her last two years in high school had been excruciating. She tended to take the opposing position to anything I said, in painful contrast to the child she had been, when, among other lovely habits.

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Collaborative Life Planning

In the midst of pandemic lockdown, it feels as if the world is ending, and yet, the most stressful part of my life is scrolling through my Instagram feed. It seems as if a new celebrity break-up is announced every day. These are people I care about!

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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

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.

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.

A final judgment of dissolution of marriage will be entered that incorporates the terms of your prenuptial agreement.