Charles (Chuck) Rubin, in his Rubin on Tax blog, discusses prenuptial agreement complications in regards to the time of signing, as well as the context of coercion and duress that are usually brought up in court cases to void such agreements. In using Bates v. Bates, 46 Fla. L. Weekly D287c (3rd DCA, February 3, 2021) as reference, the article begins as follows:
Marital attorneys know that upon divorce, spouses who signed a prenuptial agreement will often raise arguments of coercion and duress to void the agreement. Factually, such allegations and arguments may or may not be true, and in either case may be hard to prove or disprove many years after the fact. A good story and sympathetic court can spell doom for the agreement. Therefore, practitioners seeking to enhance the likelihood of an enforceable agreement should manage the objective and verifiable facts that mitigate against coercion and duress so as build defenses against future attack. One of those objective facts that can usually be managed is when the prenuptial agreement is signed – signings the day before or the day of the wedding should be avoided.
A recent Florida case presented various facts that both supported and weakened the agreement. The end result was the voiding of the prenuptial agreement. One of the facts was that the agreement was signed the day before the agreement. We can wonder whether if the agreement had been signed well before that whether the court would have voided the result.
To see the full article, click here: Beware the Last Minute Signing of a Prenuptial Agreement [Florida]
To download the opinion, click here: Bates v. Bates, 46 Fla. L. Weekly D287c (3rd DCA, February 3, 2021)
Posted by Elise Kim, Managing Associate Editor, Wealth Strategies Journal.