Articles Posted in Premarital Agreements

When the parties to a marriage believe that a marriage is over or “irretrievably broken”, there is no issue as to whether the divorce should take place.  Irretrievably broken means that there is no hope of fixing the marriage.  As long as one party to the marriage believes it is broken beyond repair, a dissolution of the marriage will ultimately happen.   A broken marriage, however, CAN be fixed by a divorce, it seems.  Well technically, the relationship is fixed, but the marriage will have  ended.  I recently came across an article about couples remarrying after divorce.  You can read the article, (“Why Do Divorced Couple Remarry” by clicking here.)  There are no available statistics that explain the exact number, but it does happen.  The article generally credits remarriage of divorced couples to the healing power of time apart.  People have the chance to forgive, to try new things or relationships, and also realize that the problems were not necessarily the people themselves—marriage is simply hard.  I personally know of a woman whose parents were married to each other on three separate occasions.

divorceA divorce does not have to go through completely before any benefit can be gained from filing for dissolution.   As a Jacksonville divorce lawyer, I have come across several cases where the filing of the divorce paperwork itself helps to save a marriage.  Mostly, it is the wife that will file for divorce and have it act as a huge wake-up call for the husband.  Although, I have seen it go both ways, however.  I imagine that the filing of the divorce petition shows the other spouse that there is a serious problem that needs addressing. Continue reading

Planning for the future in any given situation will produce a better outcome than not having a plan.  Marriage and divorce are no exception.  Having a plan is important for people of all ages, but people who marry later in life normally have more reason to plan properly.  Those entering into marriage later in life are normally more financially equipped than their younger counter parts and often have children already.  This is important, because leaving property behind for your children could be affected by  a subsequent marriage and/or divorce.  There are many planning documents that are helpful to have.  Two documents that will help make things  a bit simpler later down the line for married couples are: (1) a prenuptial (or premarital) agreement and (2)  a will.

prenuptialPrenuptial agreements can be used to lay out the understanding between couples on how things will go during the marriage, as well as what happens in the event of a divorce between the parties. Examples of topics to include would be how the couple will handle joint bills and other liabilities. A common method is for the parties to establish a joint checking account that each will contribute to for the purpose of paying household expenses.  All issues that may come about during a divorce proceeding can’t be addressed.  Things like child support and time-sharing (visitation) can’t be controlled completely by a prenuptial agreement, but it makes sense to have as many issues as possible ironed out.  Property  rights absolutely can be determined by a prenuptial agreement, and parties should consider having one in place. Continue reading

For much of 2012, the news of the Tom Cruise and Katie Holmes divorce was almost inescapable in the news media. The stories in the media all seemed to follow a similar arc -Katie Holes was brainwashed and had become a sort of zombie for Scientology. She had broken free to raise her child away from the Church. The story almost seemed like it could be from an episode of Mission Impossible –a secretive exit from her home with her child in tow to a downtown Manhattan apartment, switching cell phones and keeping Mr. Cruise in the dark. But somewhat lost in the motion picture-like drama is what may have caused the split, and how you might learn from Mr. Cruise and Ms. Holmes mistakes.

Ms. Holmes was raised a Catholic, but converted to Scientology after getting engaged to Mr. Cruise in 2005. Once the couple married and started planning to raise their daughter the problems arose.

For about 18 months prior to their split, the couple had frequent disagreements over how to raise their six-year-old daughter. Ms. Holmes seemed to bristle at the demands of raising a child according to Scientology’s rules. When Holmes exited the marriage, the couple’s settlement agreement gave her the lead role in choosing how their daughter would be educated. Holmes report ably has become a Catholic again.

seal.jpgSo, I just wrote a blog yesterday regarding how Heidi Klum officially filed for divorce from her husband Seal. I mentioned that Heidi requested primary physical custody of the couple’s four children and that the parties had a prenuptial agreement in place prior to walking down the aisle. I also mentioned, only time will tell if their divorce will be amicable or nasty.

Well, it looks as though it may be getting nasty. Seal has filed a response to Heidi’s petition and there are some discrepancies between the two. For example, Heidi refers to a prenuptial agreement in her petition alleging there is no joint or community property, whereas; Seal makes no mention of such. This can be of huge consequence, as it is estimated Heidi has a net worth around 70 million, whereas; Seal’s net worth is estimated around 15 million. Seal has asked for joint physical custody of their children while Heidi wants primary physical custody.

This is just the beginning, we’ll have to wait and see how this highly publicized divorce plays out.

heidi klum.jpgThree months after announcing an amicable separation, super model Heidi Klum officially filed for divorce from husband Seal this past Friday. Klum, 38, cited the typical divorce language, “irreconcilable differences,” in her Los Angeles County divorce papers.

Reports are suggesting that Klum has requested to be awarded primary physical custody of the couple’s four children; Leni 7, Henry 6, Johan 5 and Lou 2. Also it is believed the parties had a prenuptial agreement in place prior to saying their vows. Only time will tell if this will be an amicable divorce or whether we’ll see another nasty celebrity divorce.

If you’re considering filing for divorce and want to know how to proceed, contact an Orange Park Divorce Attorney today to schedule a free consultation.

bubba.jpgIn September 2011, after 4 1/2 years of marriage shock jock, Bubba the Love Spounge Clem, filed for divorce from his wife, Heather Dawn the Love Spounge Clem, stating the marriage was “irretrievably broken and should be dissolved.” With Bubba having a net worth estimated to be in the millions one would think that the divorce would be highly contested. Not to mention the fact that Bubba is known for making harsh and outrageous comments that often end up stirring up controversy.

However, prior to the 2007 nuptials the parties entered into a prenuptial agreement. And as of a February 13th settlement agreement it appears as though the parties’ assets were divided up pursuant to the prenuptial agreement. Bubba’s now ex wife will receive $1,150 a month in alimony payments lasting for a total of 56 months. She also will receive a one time lump sum payment of $20,000.

Further, both parties agreed, “not to interfere with, annoy, molest or harass the other party or disparage the other party in public,” with special mention made of speaking “on air” about each other. Bubba even went to his twitter account to urge his followers not to disparage his now ex wife.

prenup2.jpgThe marriage of two individuals usually calls for a celebration. Amongst all the excitement and buzz, a couple is busy reserving locations, picking out color schemes and centerpieces and sending out invitations. One very important thing that people often neglect to discuss is what is going to happen should the marriage take a turn for the worst. It’s safe to say that the institution of marriage is in a state of instability, as empty marriages are all the rage in the celebrity arena. With this being the case, it’s time for those considering marriage to also consider entering into a prenuptial agreement.

It is estimated that 40 percent of marriage in the United States end in eventual divorce. These cases are incredibly complex and can include child care issues, housing costs, and of course, money. Typically, these issues are discussed at the conclusion of the marriage when often time’s accusations are already flying, and feelings are already hurt. A prenuptial is a contract entered into before the marriage is formally entered into. The agreement will deal with things such as division of property, spousal support, and guardianship. These tender issues should not be addressed with open wounds.

Prenuptial Agreements are becoming increasingly prevalent due to their low cost and ease of execution. This Jacksonville Divorce Lawyer can do a prenuptial starting as low as $500. Don’t get caught off guard in the intoxication of early romance, think with your head and not your heart in protecting the things you have worked hard for. Contact us at (904) 685-1200 to schedule an initial consultation today.

prenup.jpgOne of the best tools that a couple has in protecting their assets before marriage is the pre-marital agreement. Everyone knows the situation: one party tries to discuss a premarital agreement with his or her respective partner, and the partner will respond with any number of gripes. They range anywhere from “if you loved/trusted me like you really say you do, we would not need a prenuptial agreement” to “I will NEVER marry into an arrangement that requires me to sign a contract.” So, the task at hand is now for you to show your partner the value of these agreements. What many do not realize is that marriage itself is a contract, and that without an agreement, decisions that should be yours if the marriage ends are put in the hands of the court.

In order to show your partner the value in pre-marital arrangements (yes, you should refer to them as that), try using the following analogy. You would never purchase a car without buying insurance. You would never purchase a home without homeowners insurance. One does not purchase this insurance with the intention of torching their new house or car – just as people do not enter into pre-marital agreements just to turn around and trash their marriage. Otherwise, why go through the effort and expense of getting married in the first place?!

As experienced Jacksonville Divorce Attorneys, we deal with rifts such as the one above on a daily basis. We put our clients at ease by drafting an agreement that keeps the interests of both parties in mind and by using competitive pricing. In fact, some Jacksonville Divorce Lawyers can do a pre-marital agreement starting as low as $500. To schedule an initial consultation and discuss all relevant matters related to your case, contact a Jacksonville Divorce Attorney, today.

got prenup.jpgPremarital Agreements, also known as prenups, have been around for over 200 years and with divorce rates the way they are I can’t imagine them going anywhere anytime soon.

In Jacksonville, Florida, premarital agreements are governed by Florida Statute 61.079. This statute is often referred to as the “Uniform Premarital Agreement Act”. Under this act a premarital agreement is defined as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”.

As a Jacksonville Family Law Lawyer I assist soon to be married clients with the process of developing a prenup to their specifications. Should you and your soon to be spouse be considering entering into a premarital agreement contact a Jacksonville Family Law Lawyer for further advice and information.

premarital agreement.jpgWith divorce rates the way they are it is not surprising more couples are entering into Prenuptial Agreements before they walk down the aisle.

However, it is not surprising that Prenuptial Agreements, also known as “prenups,” are often looked at in a negative light. Indeed, Prenuptial Agreements basically operate under the assumption that the parties will eventually split.

Nevertheless, Prenuptial Agreements can be enormously beneficial. The reality is that a substantial number of marriages end in divorce and a properly written Prenuptial Agreement can help you avoid a contentious divorce, high lawyer fees, and long court proceedings.

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