Family Law Explained

What Our Clients Say

Client Resources

Choose Your Fate: Seven Courtless Divorce Options

Custody & Visitation

Alimony & Spousal Support

Popular Articles

Hell Hath No Fury…

I filed a petition for personal bankruptcy for the Chief Executive Officer of a publicly traded corporation who personally grossed a salary of $30,000 per month. “Wait! What?” you exclaim.

Read More »

Magic II

Sharing a secret happens more often than you would think in the collaborative divorce process, in which we have two folks parting ways. Perhaps they’re parting ways because one of them withheld a secret and now wants to unburden himself.

Read More »

Magic I

Magic! It permeates my life. It’s why the collaborative divorce process has affected me so deeply. I talk a lot about the fact that my parents were divorced when I was seven and about how my mother loaded us kids into the van and moved us 3000 miles across the country.

Read More »

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

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.

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.

You will need to hire a handwriting expert to testify at your hearing to set aside the prenuptial agreement.

After a prenuptial agreement is set aside, regular divorce proceedings occur.