Florida Prenuptial Agreement Advice Divorce Lawyers May Be Hiding

Florida prenuptial agreementCohabitating and Ready to Take the Next Step? The Key to Fixing a Marriage Before it Even Begins through Premarital Agreements: Filing Divorce in Florida Just Got a Whole Lot Easier

Florida prenuptial agreement may be your ticket to fixing a marriage before you even recite  your wedding vows. Who said filing divorce in Florida had to be a nightmare?

Premarital Agreements are a Way to Save Money on Florida Divorce Lawyers

Most divorce cases have similar themes but each has its own idiosyncrasies. One common thread is issues around the balance of  power. By the time a sign arises that the focus is fixing a marriage, there’s already been a total communication breakdown. When filing divorce is already on the table, the chance of fixing things is pretty slim. By that point, it’s usually too late for whatever newsletter or counseling app your therapist recommends to smooth things over.

Don’t Wait Until the Discussion Turns to Filing For Divorce to Discuss Ending a Florida Marriage

One common theme spouses feel is the regret of not having their partner sign a Florida prenuptial agreement contract.  Of course, each party carries his or her respective code of conduct from which they draw inspiration to live meaningful lives. Some prefer the advice of a spiritual leader. Others find comfort and discover new skills in self-help books or perhaps from a relationships Dr they find on the evening news.

I, on the other hand, have found that I need to look no further for mental health inspiration than the greatest rap lyricists of our time. There’s Biggie. Sky is the limit and you know that you can have what you want, be what you want. When it comes to counseling clients, I channel Pac. When they tell you you ain’t nothin don’t believe em, and if they can’t learn to love you you should leave em, forgive but don’t forget, keep your head up. It should come as no surprise that when trying to communicate the importance of securing a Florida prenuptial agreement, I simply defer to my Spotify playlist. Aptly titled ‘backseat of a caddy’.

Florida divorce is much easier when parties enter into a prenuptial agreement. The best time to do this is before the transition from cohabitating couples simply living together to entering into a marriage relationship.

Florida prenuptial agreementBoca Raton Divorce Lawyers Shed Light on Cohabitating

Living cohabitation is pretty common in today’s society for several reasons. More people are coming from a divorce family and may want to avoid that possibility entirely. Women are no longer expected to put their careers on the back burner to jump the broom at a young age. While marriage lives on, the tradition of getting hitched is declining in importance. Whether it has anything to do with half of marriages ending in divorce court is anyone’s guess.

Cohabitating is when two people live together as a married couple would, but fail to assume the formality of husband and wife. Cohabitating includes the mutual assumption of marital duties and obligations that occur with married couples. The difference is that there’s no legal sanction fixing their rights and obligations. Consequently, there’s no reason to file court papers ending their relationship. Florida requires an actual marriage certificate to reap the benefits of a marital relationship.

Although common law marriage isn’t recognized in Florida, it’s defined as a couple cohabitating for a number of years. They hold themselves out as husband and wife and may even have a legal agreement. Cohabitating is different from common law marriage, since  the  intent to be married is frequently lacking. Again, this relationship isn’t recognized in this state, no matter what an agreements legal jargon may say.  This makes a Florida prenuptial agreement even more important in the area of divorce law. These contracts form rights and duties that make life easier when a quick marriage fix isn’t in the cards.

Divorce Lawyers Will Tell You that the Best Way to End a Marriage is To Be Prepared

If you happened to be of drinking age in 2005 or listened to anything but the classical music channel on AM radio, you heard Kanye’s Gold Digger hook ad nausea. However, my favorite insight on this topic was spit by much lesser known artist. Greenie, a protege of KRS-One. Allow me to preface this with a disclaimer. If you’re currently not of drinking age or still listening solely to Mozart, you might want to call it a day and close your computer.

With that said, it would be a travesty to attempt to have any meaningful conversation about the aforementioned without sharing these lyrics. Prenups are like condoms that I can use in court, so my money don’t get STD’d- stolen through divorce. You said we’d stay together right, always and forever right? If you tellin the truth, then I’m a use this sh*t never right? There are a few other quotable lines in there, but at the risk of being subject to legal discipline by the Florida Bar, I’ll go ahead and take the liberty of omitting them.

Florida prenuptial agreementsBest Divorce Lawyers Advice: Take a Lesson on Florida Premarital Agreements Before Deciding to Marry

Think of it this way. You just bought a gorgeous waterfront home. You can barely contain your excitement at the thought of your new acquisition and are amazed at the sheer joy thinking of all of the good times and memories to be made. Thankfully, your investment lives up to your wildest expectations.

Until Hurricane Lolita comes through. Wiping out both your dreams of the life you had envisioned and the hard work you spent making the house your home. Thankfully, you were smart enough to follow the advice of the Killa Beez and protect ya neck with an insurance policy.

Boca Raton Divorce Lawyers Firm on the Role of a Florida Prenuptial Agreement in Fixing a Marriage Disaster

The same fact pattern applies to tying the knot. No one enters marriage thinking that their intended will morph into the devil incarnate. Who would think their soul mate would be doing whatever possible to force you have to take a second job at Pizza Hut? Unfortunately, when Florida divorce filed, the landscape changes. Thankfully, there’s a simple solution. The terms of agreement prenups offer can help you avoid spending your time getting the smell of sausage out of your car.

Sure, asking for a Florida prenuptial agreement can be uncomfortable when cohabitating with your intended. Like the genie in Aladdin, here’s some advice to safeguard your interests without the risk of sleeping on the couch before your journey into wedded bliss.

Before Signing A Florida Prenuptial Agreement, Cohabitating Couples Need To Exchange This Information

Financial issues are often the reason fixing a marriage becomes impossible. A good divorce Boca Raton attorney will tell you that it’s better to be safe than sorry. Before signing any legal document you need to make sure you know what you’re getting into.

  1. Fair market value of all real property owned by each individually, in trust, or in partnership with other individuals.
  2. All stocks and bonds owned by each party.
  3. Pension plans, profit sharing plans, IRAs, 401ks and deferred compensation plans in which each has an individual or beneficial interest.
  4. All bank accounts, money market accounts, certificates of deposit and other liquid or non-liquid intangible assets owned by each individually or in trust.
  5. All life insurance owned, including face value and present cash value.
  6. Individual accumulation of credit card points, frequent flier miles, and any season tickets held.
  7. Information about business interests. This includes corporate tax returns, financial statements, loan agreements, business plans, and business valuations.
  8. Patents, trandemarks, copyrights, royalties, etc.
  9. Any trusts the parties are beneficiaries of.
  10. All estate planning documents.
  11. An inventory of all personal property.
  12. A full description of each liability.

Don’t panic. A quick email to your accountant or estate attorney can check most of these items off your list.

Florida prenuptial agreementFlorida Divorce Lawyers on What to Know about Premarital Agreements Even when Simply Cohabitating

Florida Statute 61.079 applies only to proceedings under the Florida Family Law Divorce Rules of Procedure.  A Florida prenuptial agreement is defined as one between prospective spouses made in contemplation of marriage and to be effective upon marriage. Agreements between cohabitating couples are outside the scope of the Act.

The marriage itself serves as consideration for a Florida prenuptial agreement. This requires that there be a ceremonial marriage, which takes couples cohabitating out of the equation. Where parties have married and have been cohabitating for a substantial period of time, the failure to enforce the prenuptial agreement may be inequitable.

A Prenuptial Agreement Lessens the Agony of Filing Divorce in Florida

Premarital agreements must be in writing and signed by both parties. A prenuptial agreement is used to define the duties, property rights and expectations of the parties. They’re not subject to judicial determination or equitable distribution. There are many possible purposes of a prenuptial agreement that help cohabitating couples plan their future.

  1. To protect and preserve the identity of separate property. This includes property owned when the couple was cohabitating or received by gift or inheritance. It also includes property bought with the proceeds of the sale or exchange of separate property during the marriage.
  2. It defines which assets accumulated or earned during the marriage will be separate and which will be joint.
  3. Simplifies accounting and management so as to avoid the tracing problems with commingling.
  4. Provides the rights and obligations of each of the parties in any of the property of either or both of them. Whenever and wherever acquired or located.
  5. Spells out the details such as modification, waiver, or elimination of spousal support.

By fixing these interests before entering into marriage, a Florida Prenuptial Agreement can make filing for divorce a lot less painful.

Palm Beach Florida Divorce Lawyers Practice Areas Include:

  • Florida Prenuptial Agreement

  • Premarital Agreements

  • Florida Cohabitation Law

  • Cohabitating Agreement

  • Parental Rights In Florida

Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County. Assisting in all areas of Florida Family Law. Click  South Florida Family Law Attorney today to schedule your consultation to take the stress out of the divorce process.

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