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Guru_Guy, Family Law Attorney
Category: Family Law
Satisfied Customers: 2418
Experience:  Experienced advisor in all aspects of family law (divorce, custody, support, etc.).
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My wife and I have been maried for 10 years. We have two boys

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My wife and I have been maried for 10 years. We have two boys 9 & 4. A year ago my wife was caught cheating. One of my wifes ideas to save the mariage was that she would sign a postnuptial agreement. It was written well and very fair for both parties. We both signed the agreement and had it notorised. A couple things of importance in the agreement are that I would not pay child support or allimony and we would have joint custody of the kids. Can you tell me in the state of Florida how likely this agreement will hold up in a court of law and if it will at least help me to my advantage in any way. Now that we are getting a divorce she wants to throw the whole agreement out the door. Thank you
Submitted: 8 years ago.
Category: Family Law
Expert:  Guru_Guy replied 8 years ago.


Post-nuptual agreements can be valid in Florida, provided they were not signed under duress and both sides fully understood what they were signing. Agreements regarding division of marital property and alimony are valid terms of such an agreement. If your wife was the one who originated the idea of drafting the agreement, that would actually work in your favor since is shows she was not forced into this.

However, agreements relating to child support are NOT enforceable. Courts have held that those rights belong to the children and cannot be negotiated away by the parents. Therefore, that part of the agreement relating to child support will be declared null and void.

I hope this answers your question.


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
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