Tampa Florida Family Law Blog

To some, making important financial and personal decisions about how their divorces will proceed even before they are married may seem fatalistic or even depressing. For others, having these and other matters addressed prior to their wedding dates can provide security and peace since they know that they have communicated with their partners about important decisions. Floridians who want to learn more about prenuptial agreements can discuss them with their family law attorneys, but readers should know that some topics cannot be addressed in premarital agreements and contracts.

A prior post on this blog discussed the fact that prenups cannot establish child custody schedules as such matters must be based on the best interests of the children. Since couples may not have kids before they get married these provisions are barred from inclusion in prenuptial agreements. Additionally, couples cannot contract to engage in illegal enterprises or actions through the execution of their prenups.

While it is true that no divorce is easy, it is possible to say that some divorces are more complex than others. A divorce between two Tampa residents who have strong careers, no children and minimal property may be emotionally difficult; however, it likely does not present the same challenges as a divorce that involves child custody and support negotiations, spousal support and property division issues and other complex themes.

One factor that can significantly increase the complexity of a divorce is when the couple owns significant assets and financial interests. Though many individuals have retirement accounts, savings and checking accounts and other common financial devices, complex high asset divorce cases may also include the division of business interests, stock options and portfolios, pensions, real property and hidden assets.

Although some Florida residents may dismiss prenuptial agreements as unnecessary, it is a good idea for anyone who is planning to get married to educate themselves on what prenuptial agreements can and cannot do for their financial interests. There are some considerations people may want to keep in mind to decide if a prenuptial agreement is right for them.

First, a person should look at their premarital wealth and property holdings. If a person plans to enter a marriage with substantial personal wealth and many valuable assets, they may wish to execute a prenup to formalize and document the property that is and will remain theirs in the event that their union ends in divorce. The same should be done with regard to premarital debts; a person who marries someone with substantial debts may not want any liability for those if the marriage fails.

Child custody disputes can be intense. While some parents are able to put their differences aside and make good choices about the health and welfare of their shared children, others cannot get past their disagreements with their former partners and, instead, take actions that may be detrimental to their kids. Parents in Florida can be accused of abducting their own children if their actions violate the custody and visitation agreements and orders that govern their family relations.

A case of parental abduction can have different legal ramifications. The matter may find its way into the criminal courts if the parent is charged with kidnapping. It is almost always also a civil matter, as parents may need to make significant changes to their operating custody orders and agreements to stop similar instances of abduction from happening again.