Legal Question in Family Law in Florida
Prenuptial
He presented it to me, I signed and have not seen it since. What makes it valid?
2 Answers from Attorneys
Re: Prenuptial
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You should never sign a prenuptial agreement without first reviewing it with an attorney representing you (not his attorney). You need to understand the content including each of the rights and obligations in case of a dissolution. There must be a full financial disclosure by each party to each other. You should obtain a fully executed copy from "him". Failure to do any of the above may render the agreement invalid upon a challenge in the case of a divorce. Under basic contract law, there may never have been a meeting of the minds.
Scott R. Jay, Esq.
Re: Prenuptial
Why sign something without receiving a copy of it. What is happening with it?
You should have had it looked over by an attorney, but that is difficult if you don't have a copy, isn't it?
Get a copy!