Marital Agreement Disputes in Pompano Beach Trust and Probate Matters
Marital Agreements include both Prenuptial and Postnuptial Agreements. These written contracts govern specific matters related to a couple’s financial situation and other relevant topics. A Prenuptial Agreement becomes effective once the couple is legally married, while a Postnuptial Agreement is one that is signed once the couple is already married.
Disputes involving Marital Agreements do not happen only during a couple’s divorce. There may be issues that come up when someone passes away. They can also impact a Trust and/or Estate. When this happens, it’s best to contact an experienced Pompano Beach prenuptial and postnuptial agreements attorney.
At Mark R. Manceri, P.A., we have over 35 years of experience handling estate and trust litigation matters.
What Do Marital Agreements Cover?
More people are choosing to enter into a Prenuptial or Postnuptial Agreement as people get married later in life or have been married before, have children already, etc. Younger people who are starting out also consider a Prenuptial Agreement as a way to protect themselves, especially if one partner has significant debt going into the marriage.
Marital Agreements can address ownership, management, and disposition of assets in the event of a divorce. They will define what is separate property and who is responsible for certain debts or expenses. They will also allocate responsibilities and risks concerning income or assets, and they can provide for the distribution of income and property in the event of divorce or death.
Does Florida Law Enforce Marital Agreements?
Years ago, courts didn’t necessarily look favorably on Marital Agreements. Now they readily enforce these types of contracts, provided they follow the legal requirements.
Prenuptial and Postnuptial Agreements come into play with probate law because of a specific Florida law (Florida Statute Section 732.702) that says a surviving spouse’s rights to a share of the estate or other benefits could be waived, either entirely or in part, before or after the marriage, by a written agreement, contract, or other waiver. The condition is that the waiving party must sign in the presence of two witnesses.
Disputes Involving Prenuptial and Postnuptial Agreements
In most cases, you won’t see a prenuptial or postnuptial agreement problem until it’s time to enforce it, and one side decides they no longer agree with the terms. Some issues with Marital Agreements and probate and trust matters can include:
- The marital agreement was not legally executed;
- The marital agreement was not voluntary — there was coercion, duress, overreaching, or even fraud; or
- The marital agreement is void as it requires one party to violate the law, which means it’s against public policy.
Other possible issues could give rise to litigation as well. Perhaps one side is arguing that the agreement is vague, and it needs clarification on how it applies to specific circumstances or property. Both sides will declare that their interpretation is right, which means the court will need to decide.
Contact a Florida Prenuptial and Postnuptial Attorney
Let us help if you need assistance with a prenuptial or postnuptial agreement as it relates to a probate matter. Contact Mark R. Manceri, P.A. today to schedule an initial consultation.