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Fort Myers Florida Family Law Legal Blog

When is a premarital agreement non-enforceable in Florida?

Premarital agreements, or prenuptial agreements, as they are commonly called, are excellent tools for both preserving your marriage and making your Florida divorce exponentially easier. However, for the courts to consider your prenuptial agreement valid and enforceable, it must meet certain guidelines. Moreover, the circumstances surrounding and leading up to its creation must be lawful and contain no fraudulent actions. If one party can prove the existence of fraud, duress, coercion or other wrongful doings, the courts may deem your agreement unenforceable.

Per title VI of the Florida Statutes, section 61.079, your premarital agreement is considered unenforceable if the person against whom enforcement is pursued can prove that he or she did not voluntarily execute the agreement, was not provided a just and judicious disclosure of the other party's assets and liabilities or did not have, or could not have reasonably have had, a sufficient knowledge of the assets or liabilities of the other party. Moreover, your agreement may be unenforceable if you or the other party can prove that your agreement was the product of coercion, fraud, duress or overreaching, or if, when executed, your agreement was in anyway unconscionable.

Is talking about a pre-nuptial agreement a bad thing?

You and your fiance are preparing to get married in Florida and the rollercoaster of emotions leading up to your big day is both exciting and exhausting. Recently, you have been interested in discussing a prenuptial agreement with your fiance to secure the best interests of both of you should the relationship end sometime in the future. While your intentions are good, bringing this topic up can be difficult and daunting. 

To begin, make sure that you wait for an appropriate time to discuss a prenuptial and not a time when tensions are already running high. Additionally, do not wait until it is too close to your wedding and the stress of last-minute details is already affecting both of you. According to Business Insider, if your significant other responds with a bit of dissatisfaction, keep yourself from becoming defensive and overly emotional. Instead, listen to his or her opinion and try to be clear that you want to protect both of your future. Approach your concerns in a conversational manner instead of demanding that your fiance takes immediate action. 

How can I help a friend who is being abused?

An abusive relationship is devastating to not only the person in the relationship but those who care about that person. If you have a friend in Florida who is in such a relationship, then you may wonder how you can help. You probably want to tear the person away from his or her abusive partner, but your best course of action is to simply be a good friend.

According to The National Domestic Violence Hotline, it is very important that you are supportive of the person even if he or she does not choose to leave the relationship. You should avoid judging your friend and never get yourself involved in the violence. You can encourage him or her to get help and help him or her develop a plan to get away.

Break the cycle of divorce for your child

Some studies say that those who watch their parents divorce are more likely to divorce when they grow up. Others have found that certain genetic traits may predispose a person to divorce. But, what most sources agree on is how to break the cycle.

If you are divorcing or considering divorce, keep these tips in mind to help break the cycle of divorce for your child.

Divorce and small businesses: Is it worth it?

Married couples are accustomed to sharing a lot of things. Many serious relationships involve raising children together, buying a home and sometimes, owning and running a business. In the event of a divorce, it takes time and special consideration when sorting out child custody and division of assets. The process alone is complicated, however, add a business into the mix. Is your small business worth the fight? 

Why is now the time to divorce for wealthy couples?

Tax law changes in 2019 mean now is the time to file for divorce in Florida if you expect to pay alimony. According to The New York Times, the tax law eliminates the tax break given to those paying alimony. Currently, if you pay alimony and meet certain guidelines, you may take a deduction for the alimony before figuring the taxes you owe. The new law takes that option away, meaning you may pay more taxes.

Typically, the tax break benefits you the most if you pay a large amount of alimony. Consider if you make $500,000 a year and you pay $150,000 a year in alimony. Currently, you may deduct the $150,000 from your income, making it only $350,000 that you pay taxes on. The new law makes you pay taxes on the full $500,000. It is clear to see how this is not favorable.

How can I be a better father after a divorce?

As a divorced father in Florida, you surely know how important it is to play a significant role in the life of your child. This can be difficult to do in the wake of a divorce, especially when your relationship with your former spouse is contentious. It is possible to forge a strong and loving relationship with your child under these circumstances however, as illustrated by

Maintain a civil relationship with your ex

Prenuptial agreements and remarriages

A generation ago, most people in Florida considered prenuptial agreements to be necessary only for the rich and famous. Today's society is quite different than that of 30, 40 or 50 years ago and one marked difference is the increased number of people getting married for the second, third or subsequent time. While the dreams for a happy future remain the same for any marriage, many of the issues that a remarriage can face are quite different than those in a first marriage.

The need to provide for children from a prior marriage is something that couples should carefully consider before they walk down the aisle again. As CNBC explains, this extends well past the time that the couple gets married to the time when the first spouse dies. If that spouse does not have a will, trust, prenuptial agreement or some other legally binding way of ensuring their assets go to their children or grandchildren, it is the surviving spouse who may inherit everything.

Understanding when to seek sole custody

For many parents who are in the middle of a divorce in Florida, it may be difficult to put the needs of their children first when they are so frustrated with their failed relationship. Often, feelings of anger, sadness and even confusion can create situations that are less-than-ideal for children. While it is highly recommended that parents put the needs of their children at the forefront of their obligations when arranging a child custody agreement, more often than not, creating a functional and beneficial arrangement can be fraught with tension and disagreement. 

While there are undoubtedly times when a parent sees the need to fight for sole custody of his or her children, it is imperative that both pros and cons are carefully assessed before making that decision. According to verywellfamily, one of the biggest positives for children who are in the sole custody of one of their parents is that they can live consistently in one place and do not have to switch between parents. However, transitions like this especially when children are used to living with both of their parents, can be difficult and will take time to acclimate to. 

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