What Happens If You Do Not Abide by the Terms of Your Own Prenuptial Agreement?
Anyone who has had to live with meddlesome in-laws can tell you that one of the secrets to a successful marriage is making your own set of rules and customs with your spouse, just the two of you, and following them; eventually, your children will be part of the unique culture of your immediate family, but even then, some secrets remain just between you and your spouse. Now matter how close your relationship with your family of origin remains after you get married, financial decisions should remain just between you and your spouse. Far from being a harbinger of divorce, a prenuptial agreement is a sign that you have thought about how you and your spouse will handle your finances, and you have discussed it with each other in detail. If you and your spouse change your mind about your prenuptial agreement, is it anyone else’s business? Do you have to formally cancel a prenuptial agreement, like you would a gym membership, or can you just ignore it? If your reality does not conform to what you indicated in your prenuptial agreement before you got married, contact a Boca Raton prenuptial and postnuptial agreement lawyer.
De Facto Abandonment of a Prenuptial Agreement
A prenuptial agreement is a legally binding contract between two spouses. As with most other contracts, the courts have the authority to enforce the provisions of the contract, but they usually do not have to do this unless a dispute arises. Consider that no one knows what two business partners agreed to in a business contract unless one of them files a breach of contract lawsuit. Likewise, no judge will know what you and your spouse agreed to in your prenup unless you divorce.
If you sign a prenup and then change your mind about some or all of its provisions, such as whether a certain asset or category of assets should be separate or marital, you can sign a new agreement that either replaces the prenup with a new postnuptial agreement or simply states that the prenup is no longer valid and that, if you divorce, the courts may follow state law when determining property division. This is as legal and as routine as rewriting your will when your financial situation changes.
If you get divorced, the court must follow the prenup unless it has a reason not to, such as if the prenup is unconscionable, was signed under duress, or does not meet the formal requirements for enforceability. Florida case law includes instances where the court declined to enforce a prenuptial agreement because the couple’s actions showed that neither spouse considered the agreement valid. This is known as de facto abandonment of a prenuptial agreement.
Contact Schwartz | White About Getting Cold Feet About Your Prenup, If Not About Your Marriage
A South Florida family law attorney can help you if you have changed your mind about your prenup, but you and your spouse are already married. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
scholar.google.com/scholar_case?case=295181466181060177&q=divorce+deposit&hl=en&as_sdt=4,10&as_ylo=2014&as_yhi=2024
