Can a Prenuptial Agreement Be Voided?

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A prenuptial agreement is a written agreement entered into by two prospective spouses before their marriage which dictates what happens to their finances during and after the marriage, if it ends. Prenuptial agreements are also called premarital agreements or prenups. These are legally binding agreements that are enforceable by a court of law.

It’s important to always have any prenuptial agreement you intend to sign reviewed by a qualified divorce attorney prior to signing! Your attorney can review each provision in the agreement to ensure it fully complies with state laws. Any section of a prenup that violates the law is not enforceable.

But, what about voiding a part of the prenup even though it is legally compliant? Well, that’s a different story. There are very few reasons why a prenuptial agreement, or parts of the agreement, may be voided here in Florida. Those valid reasons include: (more…)

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Who Should Pay Alimony and How Much?

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Alimony is money paid to one ex-spouse by the other due to a financial disparity between the two parties at the time of divorce. Alimony is usually decided at the time of the divorce, but prenuptial agreements may also include provisions for alimony payments. Alimony can be in the form of monthly payments or a lump sum. While most alimony cases only last for a few months or years, recipients of permanent alimony can receive payments for the rest of their lives in certain cases.

Who Must Pay Alimony?

Alimony may be ordered to be paid by either the former husband or wife in the divorce decree. Judges in Florida divorce proceedings use a two-part test to determine if alimony is a possibility. The first part of this test assesses the potential recipient’s need for alimony. If it is determined that alimony is necessary, the judge will then assess the potential payer’s ability to afford alimony payments. If both parts of the eligibility test are passed, the judge then decides how much the receiving spouse will collect. (more…)

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How Does a Contested Divorce Work in Florida?

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A divorce in Florida is known as a dissolution of marriage, and divorces can be either simplified or regular. Simplified divorces occur when both spouses petition the court for the divorce and are in complete agreement about how everything should be handled. In a regular divorce, only one spouse petitions the court for the divorce, and the other must respond to that petition.

Regular divorces can be even further broken down into uncontested and contested. Uncontested divorces happen when both spouses agree on how to divide marital assets and debts, handle child custody, or determine alimony payments. A contested divorce happens when the spouses do not agree on one or all of these things. In the case of a contested divorce, a judge ends up deciding how to split property, accounts, and time with children. The steps of a contested divorce case are: (more…)

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Prenup Truths You Should Know Before Getting Married

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What is a prenup, and why would I want one?

PrenuptialA prenuptial agreement, also known as a premarital agreement or a prenup, is an agreement between two prospective spouses as to the management, control, and division of assets and debts in the event that their marriage to each other ends in a divorce.

Prenuptial agreements aren’t just for the rich and famous. If you have any type of assets prior to getting married, a prenup will ensure that you don’t lose what you earned before marriage. Common assets that you can protect with a prenup include:

  • Inheritances and rights of children from prior relationships
  • Property purchased or inherited before the marriage
  • Property expected to be received as part of a future inheritance
  • Savings accounts
  • Investments
  • Retirement accounts and pensions
  • Insurance policies
  • Sentimental items and heirlooms

(more…)

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How Divorce & Child Custody in Florida Work

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How Divorce & Child CustodyDivorce is always an emotional experience, but adding in the stress of figuring out child custody can turn a simple divorce into a nightmare. Parents have much stronger feelings about where their children end up than they have about material possessions, so compromises are more difficult to reach. In Florida, child custody comprises two distinct parts: parental responsibility (legal custody) and time sharing (physical custody). All parents asking for divorce must agree on both parts of child custody, or the court will do it for them.

Parental Responsibility

Parental responsibility, or legal custody, refers to the ability to make decisions about important parts of the child’s life, such as education, healthcare, and religion. Parental responsibility is typically divided equally between the two parents unless there are special circumstances. For example, if one parent has shown a pattern of making poor choices for the child, their parental responsibility may be lessened and more control given to the other parent. Also, if one parent spends substantially more time with the child as part of the time-sharing agreement, that parent may also be awarded more parental responsibility. (more…)

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