Attacking And Defending Marital Agreements

Florida`s family courts recognize the validity and enforceable of prenup agreements, also known as antenup agreements. There have been several pioneering cases in which the courts have discussed the requirements of agreements and the grounds for enforcement and invalidation. Access to independent legal assistance is a recognized factor in determining whether a party has voluntarily signed a pre-marital agreement. The Colorado Court of Appeals emphasized the importance of independent counsel prior to the adoption of the CMAA at In re Marriage of Ingels. The court said: “If it had been wise for the husband to provide independent legal assistance to his wife, his failure to do so does not render the marriage contract invalid in itself.” If only one party is represented by an attorney, the unrepresented party must have, according to the Colorado Act uniform, either: (1) the financial capacity to appoint a lawyer, or (2) the represented party must agree to pay the reasonable costs and expenses of independent legal representation for the unrepresented party. Apart from Ingels, no Colorado court has considered the lack of independent lawyers in evaluating a pre-marital agreement. Brett has held his current position since 1985 and has completed or supervised more than 4,000 family law research projects. Equitable distribution, definition of matrimonial property, definition of separate property, valuation of marital property, distribution of marital property, classification and distribution of pensions, classification and evaluation of professional practices, validity of marriage contracts, construction of marriage contracts, amount of maintenance, duration of maintenance, definition of income for the subsistence of the child, alimony, responsibility for child custody, custody of children and the admissibility of emails and other materials removed from computers. A good prenup/antenuptial lawyer assesses the situation and reviews the process to determine strengths and weaknesses. This assessment could be a way to attack or defend your agreement. Lawyers at The Divorce Center, Ayo and Iken PLC can verify your agreement or help you prepare. We attack prenup agreements and defend them, depending on our client`s objective. This is a legal area in which you need a thorough analysis of the situation.

Call us or visit us for an offer on this important part of your decision. Like a change in circumstances, there are several subjects on which the sanctity of the treaty is nullified by Colorado public order. For example, a provision relating to child welfare or religious education for children is struck down by a Colorado court. In addition, agreements in which a party waives spousal pension or attorneys` fees cannot be enforceable if, according to Newman v, “unscrupulous.” Newman or A re Marriage of Ikeler. The question of whether a provision is ruthless is established at the time of divorce in Colorado. Pre-marital agreements include, with regard to divorce law, the right of validity; the steps in establishing a valid marriage contract; practical techniques for negotiating the terms of the prenup; the content of the pre-marital agreement; the development of techniques to achieve the goals of the future spouses in the divorce parties; execution problems; and ethical issues. Particular attention will be paid to divorce and family law and validity criteria, legal theories used to challenge validity, the requirement of voluntary service, concepts of coercion and undue influence, maintenance of spouses, attorneys` fees, non-financial issues and conditions related to an ongoing marriage. . . .