Articles Posted in Premarital Agreements

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.

prenup.jpgLeBron James and his high school sweetheart and mother of his two children, Savannah Brinson, are officially engaged. News agencies are reporting James popped the question on New Years Eve at the Shelborne Hotel in Miami, Florida. The happy news comes after a long courtship of sixteen years.

I hope the best for the couple and wish them a lifetime of happiness together. However, I can’t help but hope James’s legal team is on top of making sure a prenuptial agreement is in place in case of an unfortunate divorce. You can never be too cautious. Prenuptial agreements are all too important for the rich and famous and really anyone looking to protect assets in a divorce.

In Jacksonville Beach and all of 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”.

kim k.jpgYou may remember the four-hour wedding special and countless front-page tabloid appearances. But alas, true love does not always last: Kim Kardashian filed for divorce from Kris Humphries as of today, October 31. Citing “irreconcilable differences,” apparently the couples’ TV show and focus under the spotlight was just too much to handle.

Details are scarce, but the couple apparently had a prenuptial agreement. Prenuptial agreements allow couples to make agreements prior to their marriage regarding any number of things, though they are often used to protect one of the parties who may have substantially more assets than the other and does not want those assets to be divided in the event of a divorce.

Her attorneys likely advised Ms. Kardashian on her best options, but in states like Florida, a marriage for such a short period of time could be drawn to a close through an annulment. Annulments are available primarily when the marriage was never valid in the first place; however, such instances can be difficult to prove.

mexico city.jpgMexico City legislators have recently proposed a new bill that would require all marrying couples to sign a prenuptial agreement indicating how they plan to handle certain issues that may arise in the event of a divorce. The proposed bill would also require couples to estimate how long they expect to be married.

Sponsors of the bill suggest that the bill’s purpose is to cut down on the lengthy and often hostile divorce proceedings that are currently clogging the court’s docket. Sponsor’s believe that requiring couples to agree on divorce terms prior to the end of the marriage will directly benefit the court’s docket.

Needless to say local Catholic leaders are not that keen on this proposal. Specifically, Rev. Hugo Valdemar, spokesman for the Catholic archdiocese for Mexico City, stated, “this denigrates the concept of the family… and makes it more like a pact between friends.”

prenuptial.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.

prenup.jpegPrenuptial Agreements — “prenups” — are often looked at in a negative light. While they may protect someone’s assets, they are generally though of as being useful only after a divorce. Indeed, prenups 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 prenup can help you avoid a contentious divorce, high lawyer fees, and long court proceedings.

Further, there are more uses for prenuptial agreements than planning for divorce. In fact, prenups may also be used to protect the assets of one spouse in case of death. For example, let’s say you have a child from a previous marriage and are now engaged. What will happen to your assets if you die? Will your child — who is not the biological child of your new spouse — receive anything? Spouses are often given a large portion of assets in these situations, which is why a prenup may be appropriate to ensure your child will not be financially burdened in the event of your death.

premarital agreement.jpgPremarital agreements in Florida are an important tool if you wish to keep your assets private during a marriage. While such agreements may never come into play if the marriage lasts, they can be incredibly important in the event of a divorce in Florida. Florida is one of the many states that allows premarital agreements. The agreement must be voluntary as it will not be considered enforceable if it was entered into due to fraud, duress, coercion, or overreaching. Additionally, the agreement must not be unconscionable. These are all issues that are decided by the court in the event the agreement is challenged. In fact, such agreements are challenged and often! If you are thinking about utilizing a premarital agreement in Florida in your marriage, or you wish to challenge a premarital agreement that you’ve already entered into, contact a Florida Family Law Attorney today.

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