Tampa Florida Family Law Blog

Could a prenuptial agreement hurt my interests?

Most individuals who choose to execute prenuptial agreements do so because they have compelling property or financial interests that they want to protect. In Florida, couples who wish to execute prenuptial agreements may do so and may see those documents enforced in the event that they later divorce. In some cases, they may find that the terms they agreed to prior to their marriages are no longer in their interests.

For example, some property that may otherwise be considered marital property during a divorce may be given to only one party if such a stipulation was included in the couple's prenuptial agreement. In a prenup, a person may agree to release any claims to the earnings or growth of their partner's business even if they, the releasing party, worked for and supported those goals. Generally, the contributions that a person makes to their partner's successes may make otherwise separate property marital property during a divorce.

When can you stop paying alimony?

Alimony is a legal obligation that can bind two people even after their divorce has been finalized. The duration of time that an alimony obligation will last in Florida will depend upon the type of alimony that is awarded by a couple's divorce court. Some forms of alimony have built-in timeframes and when they reach their stipulated ends the paying parties are freed from their obligations. Other forms of alimony, however, do not include these provisions.

For example, if a party to a divorce receives permanent alimony from their ex-spouse then that obligation will last for quite a long time. It may only end when the recipient passes away or elects to remarry. Conversely, a court may award durational alimony, which has a set end point, or lump sum alimony, which is paid only once in order to fulfill the paying spouse's obligation.

What happens if I want to relocate with my child post-divorce?

When you and your spouse divorce, you may wonder whether you have the ability to move away from Florida. Due to a new job or new opportunities for your child, you may wish to file a petition to relocate if you hold sole custody.

In Florida, you must follow specific steps to file an accurate petition to move. Your ex-spouse may agree to the changes or object to them, but a judge works to determine the best interest of your child when dealing with relocation. If you wish to move with your child, you may want to hire an experienced attorney to aid in bringing your petition to court.

Why can't child custody matters be settled in prenups?

A prenuptial agreement can be a good tool for two people to utilize to make important financial and property-based decisions before they get married. Prior posts on this Florida family law and divorce blog have outlined the requirements individuals must fulfill to make prenuptial agreements and the ways that prenups may be rendered invalid. This post will discuss one important topic that cannot be addressed in a prenuptial agreement: child custody.

The custody of children is a delicate issue that can take time and consideration to work through. Because prenuptial agreements are made before individuals get married, it is entirely possible that any custodial decisions that they would try to make would be applicable to only hypothetical children. As child custody matters must involve considerations related to the best interests of the children, it is impossible for people to anticipate their unborn children's needs and interests before they have come into being.

Elements to include in child custody plans

Deciding how custody of children should be set in the wake of a divorce can be a difficult task for parents in Florida. However, state law encourages them to work together to meet their kids' best interests rather than relying on the court to sort out these important matters. When parents are able to establish time-sharing parameters that meet their children's needs they may have their findings approved by the courts hearing their divorce cases.

At minimum, there are several elements that custody or time-sharing plans must include. For example, parents in Florida must include in their plans a daily schedule for each of their kids. This can include, but is not limited to, where the child will live, which parent will be responsible for providing them with their daily needs and if the child will have visitation time with the other parent.

Factors that influence child custody determinations in Florida

Couples who have children and who decide to end their marriages have the difficult task of finding ways to ease the transition of divorce upon their kids. One of the biggest issues that children of divorce must face is finding stability once their parents separate their single household into two. It is important to understand how child custody is addressed in Florida courts and what factors courts look at to decide where and how kids should live.

Like other jurisdictions, Florida relies heavily on the best interests of the child when making decisions that impact their welfare. That means that a child's needs and interests should be prioritized when decisions are made about where they will live and who should care for them. Courts seek information about children through a variety of inquiries related to their individual requirements and their parents' capacities to provide for them.

What questions should I ask to decide if I need a prenup?

It seems like whenever a celebrity couple goes through a divorce most of their financial concerns are managed through the interpretation and application of their prenuptial agreement. As previously discussed on this Florida family law blog, prenuptial agreements, also known as prenups, are contracts that individuals make with their future spouses that outline how they will divide up their financial assets and property if they divorce. Not all individuals may choose to enter into prenups before they wed but people planning to marry may wish to ask themselves several important questions before they definitively decide against creating them.

First, a person considering a prenup may want to ask themselves what kind of property they own as an individual and what the value of that property is. Property rights can be affected by divorce if one's individual property becomes marital property and a person may lose things that they once owned on their own due to their marriages.

Strong representation for your high asset divorce

The process of seeking divorce in the state of Florida is generally the same for everyone who wants to use the courts to end their marriages. The parties to the actions must meet residency requirements, must fulfill their obligations of submitting notices and pleadings regarding the end of their marriages to the courts and their partners and must disclose all of their assets so that their property may be divided. Though the format of a divorce may mirror that of another couple, the contents of every divorce are diverse and unique.

That is because every couple brings to the divorce table facts and circumstances that are particular to their lives and this fact is easily demonstrated by the ownership of assets that couples and divorcing parties possess. While some individuals who wish to divorce may have no real estate, few savings and no personal property of value, others may have multiple homes, collections of cars or art and investments that value into the millions of dollars.

Ways that a prenup may be challenged in court

Like other contracts, prenuptial agreements must be reviewed and agreed to by both of the parties who sign off on their terms. Tampa couples may enter into prenuptial agreements before getting married to spell out their financial expectations during their marriages as well as in the event of their divorces. However, not every prenuptial agreement that is created will stand up in court. Many of the ways that a prenuptial agreement may be invalidated arise from one of the parties to it facing significant hardships.

For example, if a party is asked to sign a prenup before reading it, that may be grounds for dismissing the contract. A person must have time to review and reflect on what they will sign as contracts bind individuals to specific performances and duties. The failure of a party to have time to read a contract may relieve them from the agreement's terms.

Tips on discussing divorce with your children

Divorce rocks the foundation of a family held together by both parents. Children are the most susceptible to the negative consequences of divorce. The reason for this is because they naturally lack the understanding and maturity to see a permanent separation in a healthy way.

It is important as parents to approach the conversation of divorce, new living arrangements, and how life will be expected to look afterwards with your children in a calm and considerate manner. If possible, come together in agreement on the reality they will face and remain open to hearing their questions and being emotionally authentic in response to the news.

Don't Fight Alone

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