Motion to Set Aside Prenuptial Agreement
Motion to Set Aside 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 a divorce proceeding, a party may move to set aside a prenuptial agreement for various reasons. If the motion to set aside is awarded, the prenuptial agreement becomes null and void, and the parties must begin a normal divorce process as though no prenuptial agreement existed. A prenuptial agreement may be set aside for the following reasons: it was not entered into voluntarily; it was the result of fraud; it was the result of duress, coercion, or overreaching; or it was unconscionable when executed. An agreement will not be set aside just because it is a bad deal or there has been a change in circumstances. It will not be set aside just because a party didn’t read it or have legal representation.
Motion to Set Aside Prenuptial Agreement Solutions
The attorneys of Open Palm Law have successfully argued to set aside prenuptial agreements. Let them do so for you.
FAQs for Motion to Set Aside Prenuptial Agreement
What are grounds to set aside a prenuptial agreement?
A prenuptial agreement may be set aside for any of the following reasons: 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.
Which party has the burden of proof when requesting to set aside a prenuptial agreement?
The burden of proving that the prenuptial agreement needs to be set aside is on the person who wants to throw it out. The person defending the contract does not have to prove anything, although that person may need to rebut the other party’s arguments.
My spouse forged my signature on a prenuptial agreement. What now?
You will need to hire a handwriting expert to testify at your hearing to set aside the prenuptial agreement.
If the prenuptial agreement is set aside, what happens next?
After a prenuptial agreement is set aside, regular divorce proceedings occur.
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