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Presumption of Undue Influence Does Not Arise Unless Spouse Obtains Unfair Advantage

Our office represents clients with many different issues in regards to divorce, child custody and visitation, and spousal and child support. Recently, the court ruled on a case that pertains to an issue that occurs after a judgment for divorce has been entered. The Second District Court of Appeals recently held that the presumption of undue influence arising from interspousal trasaction in which one spouse obtains an unfair advantage over the other does not apply to a postmarital agreement in which (1) both spouses obtain advantages, both are represented by independent, comptetnent counsel, (3) the “disadvantaged” spouse is offer full access to other spouse’s business records relating to marital assets, and (4) both spouses acknowledge in their agreement that netiher has obtained an unfair advantage.

In the opinion by Justice Boland, the appelate court reasoned that a presumption of undue influence does not arise in an interspousal transaction unless one spouse obtains an unfair advantage over the other. At our office, we handle all types of divorce cases, some that deal with issues that occur after the divorce is over. It is important to protect yourself with competent representation, as the court in this case makes it clear that your afe not fully protected, as you maybe while the divorce is occuring. Feel free to contact our office to schedule a free initial consultation, if you have issues that are similar like these to dicuss.