What is the Best Way to Handle an Invalid Prenuptial Agreement?

Are you worried that your Prenuptial Agreement might be invalid? What happens if there are issues with my prenup? Florida Attorney Sergio Cabanas talks about how a prenuptial agreement can be saved, perhaps through the use of a postnuptial agreement.
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What is the Best Way to Handle an Invalid Prenuptial Agreement?
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¿Cuál es la mejor manera de lidiar con un acuerdo prenupcial inválido?
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**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm at [phone]. We are open from 9AM to 5PM, Mondays to Fridays.
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00:00 Introduction
00:06 Todays Question: What is the Best Way to Handle an Invalid Prenuptial Agreement?
00:26 Common Mistakes in Prenuptial Agreements
00:56 A Postnuptial Agreement Can Be Used to Supersede a Prenuptial Agreement
01:15 Requirements for a Valid Prenuptial Agreement
01:47 The Take Home: A Postnup or Prenup Must Comply with Legal Requirements to be Considered Valid
02:15 Outro
Transcript:
Today's question is: Sergio, my spouse and I have signed a prenuptial agreement which may not
have been done correctly. Now I'm experiencing problems in the marriage that may lead to divorce. And I'm concerned about the financial consequences of a prenuptial agreement that may not be valid. What is the best way of handling this situation?
So, by now you may be realizing that the prenuptial agreement may not have been done correctly. Which means that you may not have complied with certain legal requirements.
Maybe you used a simple form that you found on the Internet that did not comply with Florida law. Or maybe the agreement was signed too close in time to the marriage. Or you may not have included certain financial requirements. And so forth.
So, in those situations, I always say the same thing, which is: When in doubt about the prenup, don't wait to do a postnup.
A postnuptial agreement can be used to supersede the prenuptial agreement. Thereby avoiding the problems, if you having an invalid prenup. So, don't make the same mistakes with the postnup, that you made with the prenuptial agreement.
The postnuptial agreement must also be completed correctly. Otherwise, that too can be determined to be invalid.
So, there are certain legal requirements that most courts agree on. One of them is that the agreement must be written correctly. With provisions that are allowed by Florida law. This includes the fact that the agreement should be fair. That means that it shouldn't be too much in favor of one party against the other.
Another requirement is, ideally, that there should be full financial disclosures, unless specifically and correctly waived.
Finally, I always think that it's a good idea for both parties to be represented by independent attorneys. But this requirement can also be waived, as long as that waive is done correctly.
So the take-home lesson here is that one of the most important points is to remember, that an agreement must comply with legal requirements.

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