Challenge a Postnuptial Agreement in Orlando Divorce

It is not uncommon for spouses to hurriedly update a prenuptial agreement with a postnuptial agreement after marriage – or to draft a postnup to protect assets or limit debt liability.

Post nuptial contracts tend to be scrutinized by the court, especially in high asset divorce cases. Contact the knowledgeable family law attorneys at TK Law if you are considering legal action to challenge a postnuptial agreement.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

The postnup is a legal document that allows a husband and wife to determine many things the courts typically determine should a marriage end in divorce or death. The postnup is usually thought of as a contract that establishes financial agreements between spouses should they divorce, and how property will be divided. Postnups may also be drafted to address other marital issues such as

  • Child raising
  • Setting budgets
  • Establishing consequences for damaging behaviors such as infidelity, gambling or addictions
  • Vacation schedules

One key to contesting a postnup is largely based upon the attorney you choose to represent you. You need divorce attorneys who have drafted hundreds of pre- and postnuptial contracts that will stand up in court if challenged. TK Law attorneys have this experience, and we know what it takes to challenge or contest these marital agreements.

Contact TK Law for a consultation to learn how our family law attorneys can help. We can be reached now at 855-Kramer-Now (855-572-6376).

Grounds to Challenge a Postnuptial Agreement

Disputing a postnup during divorce is similar to challenging a prenup. It is critical to determine whether both spouses were fully knowledgeable of what they were signing, as well as whether income and debts were accurately represented. The grounds for these challenges are centered on whether:

  • A spouse was coerced or threatened to sign the agreement
  • The postnup was overreaching
  • The postnup was unconscionable
  • There was no fair and reasonable disclosure of property or financial obligations
  • A spouse did not voluntarily or expressly waive, in writing, any right to disclosure of property or financial obligations

TK Law: Orlando Divorce Attorneys Fighting for You

A general opinion is that spouses contest pre- and post-marital agreements only because they are angry or spiteful with the other spouse. At TK Law, we believe in dissecting legal documents so intensely that if there is a reason to contest, we will find it regardless of any obstacles.

Our attorneys know the errors and lack of precision that make postnuptial agreements vulnerable when they are challenged in court. As seasoned Orlando trial lawyers, we have considerable experience defending and contesting the enforceability of prenuptial and postnuptial agreements. We are informed in Florida family law statutes and developing case law. We realize the stakes are high.

Let TK Law help you understand your options and next steps. You can contact us today for a consultation for capable legal guidance and representation.

We believe good communication is the cornerstone of being a good lawyer – so we go to extraordinary measures to make sure that we keep in touch and promptly return phone calls and emails. You can also find additional good information on our Video Help page.

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