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In Florida, there are three requirements for an enforceable postnuptial agreement: (1) there is no fraud, deceit, duress, coercion, misrepresentation, or overreaching; (2) the agreement is not unreasonable or disproportionate; and (3) both spouses completed full and fair financial disclosure or had knowledge of the other’s finances. ---Case: Casto v. Casto, 508 So.2d 330 (1987)
My case does not meet (2) of the requirements.
I was forced under duress and coercion to sign a post-nup.
Plus we did not give each other a financial disclosure.
I also understand to prove coercion is practically impossible but if I have an affidavit from a family member that witnessed the event would the Postnup still be enforceable?
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