Motion to Set Aside Prenuptial Agreement

Motion to Set Aside Prenuptial Agreement in Tampa

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.

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“Joryn was simply amazing. Her supporting, consistent, honest, and most importantly – productive – approach was exactly what I needed to get through the process. A court trial was imminent if we did not have a successful mediation (the third one!), and no other attorney was able to focus the entire team like Joryn.”Danielle, January 2016

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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…