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I have a question about the post nuptial agreement. This…

Good morning . I...

Good morning . I have a question about the post nuptial agreement . This summer I had a post nuptial agreement done with a paralegal ... that told me it could be revoked

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I just found out my husband have been cheating

Lawyer's Assistant: Family law varies by state. What state are you in?

For years and has a 4 month old baby . I am in Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I need to know how to modify or Thow out in court tyevpost nuptial as I was misinformed when it was done . The post nuptial is grossely unfair to my needs .. I did not know a lot of things when I did it

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Answered in 1 minute by:
12/30/2017
Nisha Jones
Category: Family Law
Satisfied Customers: 3,096
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 5 months ago
Ok thank you

I'm sorry to hear about your situation. Give me just a few minutes to type up some information for you, thanks!

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It may be possible to have the post nuptial agreement revoked.

Courts generally will not revoke or cancel a post nuptial agreement, even if the terms of the agreement are unfair to one of the spouses. It's considered a contract, voluntarily entered into.

However if the post nuptial was not properly executed, or in your case, if one party acted fraudulently such as by concealing assets or misrepresenting the nature of the agreement, then the agreement may be voided.

In order for the document to be legally valid, under Florida law it needs to:

  • be in writing
  • signed by both parties
  • be part of a valid marriage
  • contain permissible terms and provisions

These are some of the instances in which a court may invalidate an otherwise properly executed pre/post nuptial agreement:

  • if both parties agree to set the post nup aside
  • one person did not sign the post nup voluntarily
  • one person acted fraudulently
  • the agreement itself is unreasonable

Depending on what exactly happened here, you may be able to get the post nuptial agreement voided. You should meet with a family law divorce attorney as soon as possible.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 5 months ago
I have a lawyer .. she is doing some research about the post nuptial .
My post nuptial was done by a paralegal who told me it was not " really legal " and it could be revoked . That only is a misinformation rights?
2- when it was drawn ... i did not know about my husband double life !
3- thecpist nuptial is grossely unfair to me as I taught it was a casual paper nothing so legal .
It does not give me any spousal support , not 50% of the house ! The post nuptial does not give me anything after being married for 15 years .
How can this changed. .. really I did not know it was a sooo legal paper ! I was misinformed
Customer reply replied 5 months ago
My husband left the marital home in march 2017
And girl friend was slr day pregnant
I want full custody of my child that I have with him
As he has done some thing that I and all of us will consider psychology abuse to my daughter ... No physical abuse ... not the problem
Customer reply replied 5 months ago
He has never once come to my daughter c marriage councelor session jotvoayed for them .. even though the councelor asked to see him
Customer reply replied 5 months ago
more things of that nature ... it's all about him and he does not consider my daughter feeling nor emotional state in the matter

I'm sorry to hear that. The good news is that these are all valid points that your lawyer will be able to bring up to the judge when she is arguing for the post nuptial to be thrown out. Based on the information you've shared, it appears you would have a strong chance at being successful. Do you speak English as your first language? Or was the post nup written and explained in your first language? ..if not, this also could be grounds for having the agreement thrown out.

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Customer reply replied 5 months ago
Out of that marriage I get nothing if that if that post nuptial is reinforced fully
Customer reply replied 5 months ago
My first language is french ... but I speak English very well .
Customer reply replied 5 months ago
That paralegal : overstepped her boundaries by misinforming me and playing lawyer !
Customer reply replied 5 months ago
What. To do ?
Customer reply replied 5 months ago
I will tell my lawyer about your Infos .
Customer reply replied 5 months ago
Is there anything specific I should tell her to look into

Yes, you should share the information that I've sent you above.

Additionally if the post-nup was all done in English, and French is your first language, that would be another basis which your lawyer could use to argue for your agreement to be thrown out.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 5 months ago
I am emotionally drained ... I never wanted a divorce...he has been wanting a divorce for the longest (my husband ) but he never filled ... so in the light of the new event of finding about his infidelity.. I am filling
Customer reply replied 5 months ago
Ok ! Where can I go back to this conversation once I am done with you . Will it be stored somewhere ?

Yes, I understand. I'm so sorry to hear about your situation.

I hope you and your lawyer will find the information helpful that I've shared with you today.

Let me know if you still have any questions.

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Yes, you should be able to view this conversation from your email, you should also be able to view it by logging into your account on the JustAnswer website.

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Customer reply replied 5 months ago
Where is thec finish bottom ?
Customer reply replied 5 months ago
Thank you for your help !

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

The Finish button should be at the top of your page, and you would rate by clicking on the stars/ smiley faces you see there.

Thanks!

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Customer reply replied 5 months ago
Ok last question do you think I can have full physical custody of my daughter .
Customer reply replied 5 months ago
Nisha are you still there ?

That would depend on alot of different factors, the judge will consider what's in the best interest of the child.

Florida courts use the following factors when determining custody:

  1. The child's school and home history;
  2. Parents' mental, physical and moral status;
  3. Permanence of the proposed home;
  4. Continuity of the child's situation;
  5. Parent's ability to provide;
  6. Love, affection and existing ties between child and respective parent;
  7. Domestic violence (if any);
  8. Whether the parent will cooperate and encourage contact by the other parent;
  9. Whether the parent will be reasonable in accommodating any changes that need to be made;
  10. Whether the parent will honor the time-sharing schedule;
  11. The involvement of each parent with the child's life (i.e. teachers, friends, extracurricular activities, etc.);
  12. The ability of the parents to meet the child's developmental needs;
  13. How parental responsibilities will be divided up after the proceeding is over, including how much of the parental responsibilities will be performed by someone else (such as a nanny).

I hope that helps! Don't forget to rate, 5 stars are always appreciated, thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,096
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
Ok thank you and happy new year !

Thank you! The same to you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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