Failure to draft a properly executed Postnuptial Agreement can lead to serious and expensive consequences.
Postnuptial agreements must:
- Show that both parties had reasonable opportunity to understand and consider each.
- The document must be signed in the presence of two witnesses.
- Each of the spouses’ assets and intent regarding the assets must be clearly identified in the document.
- Spouses cannot waive rights child support obligations.
- Temporary alimony cannot be waived either.
The number one reason why Postnuptial Agreements are deemed non-enforceable is…
When a person buys postnuptial packages on-line and tries to execute those documents without legal counsel. DON’T MAKE THIS MISTAKE.
A Postnuptial Agreement will be invalidated if a spouse can prove:
- The document is not in compliance with Florida law
- The document was not properly executed
- The parties did not execute the agreement voluntarily
- The agreement was procured by fraud, duress, or coercion
- One spouse failed to disclose all of his or her assets
- the agreement was unconscionable (“illegally unfair”) when the couple signed it, and the spouse challenging the agreement:
- wasn’t given a fair and reasonable disclosure of the other spouse’s financial circumstances
- didn’t waive in writing the right to receive a fair disclosure of the other spouse’s assets and debts, and
- didn’t have or couldn’t reasonably have had knowledge of the other spouse’s financial circumstances.
- One spouse did not understand the terms of the agreement
Why Hire the Horton Law Group, P.A?
1. You should know your rights under Florida law so you can decide whether signing a postnuptial agreement is best for you.
2. Statistics show 3 out of 5 couples file for divorce in the State of Florida. You work hard for your assets – protect them.
3, It would be a shame to spend $99.00 to purchase a postnuptial package on-line to find out years later that what you signed was not valid. You don’t want to part with 50% of your net worth and/or estate to someone whom you are divorcing – so call the Horton Law Group, P.A. today to schedule your free consultation with a qualified member of the Horton Law Group team.
4. In addition to drafting your Postnuptial Agreement, the Horton Law Group, P.A. can also assist you with your estate planning and asset protection needs and also represent you, in the event you want to file for divorce.
The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, is an experienced and aggressive litigator. She is highly regarded for her creativeness, strategic judgment, and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.
Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each one of her clients, every step of the way. If the case cannot be settled out of court, Ms. Horton will be litigating your case at trial.
The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing email@example.com.
Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your Postnuptial agreement for you so that you and your estate are protected. In addition, she can assist you with your business planning, estate planning and asset protection needs too.