How Prenuptial Agreements Can Lead to Uncontested Divorce in Florida
In this post, Boca Raton Prenup Lawyer, Jordan Gerber, discusses the most important marital agreements.
I know, I know. The anticipation and hype leading up to my Prenup Meaning sequel has been unbearable. It might have a few of you feeling a bit wary given the likelihood that epic events like this to fail. I promise this will be nothing like a legal equivalent to The “Amazing” Spiderman 2. Trust me, I’m a divorce attorney.
Legal Definitions are Important When it Comes to Marital Agreements
All kidding aside, you already know from my first post that the acronym for prenuptial agreements Florida in any reputable dictionary is CYA. That brief awkwardness you experience when pitching the idea to your intended and explaining why marital agreements are important? Walk in the park. At least, compared to the nightmare you’re in for if/when you find yourself exposed to the wrath of your soon to be ex-spouse. If you still feel like bringing it up will be as uncomfortable as sitting through an entire Sunday NFL Countdown before your games are on, there may be hope for you yet. After all, who wouldn’t want to increase their chances of an uncontested divorce in Florida?
The Real Definition of Prenuptial Agreements Florida
(v) to prohibit ones self from looking like a chump. A legal dictionary may not use these form definitions but you catch my drift. It may sound harsh, but the truth hurts. Just ask Steve Bisciotti. A person usually chooses to jump the broom sans Florida prenuptial agreement due to anticipated angst over a less than favorable reaction from their better half. I hate to be the bearer of bad news, but welcome to married life.
What if I told you there is a way to avoid this and protect yourself with documents? Without your sweetheart holding the fact that you made him or her sign a prenup over your head for the rest of your foreseeable existence? Consider it your lucky day, because I’m about to make your final dream a reality. And all by simply taking a closer look at the real definition of pre marital agreements.
How to Get an Uncontested Divorce in Florida Explained by Boca Prenup Lawyer
In the business world, when something bad happens the protocol is to shift blame upwards. When Stella Liebeck took a crotch shot of scalding hot McDonald’s coffee, you certainly didn’t see her petitioning to haul the poor sap working the drive thru service to court. And, honestly, who believes their other half when they claim their boss just so happens to make them work late the night of your niece’s ballet recital? Thankfully, you too can shirk responsibility by laying blame on the corporate structure just like these folks!
The trend of corporate charters including terms to protect themselves in case of a shareholder’s divorce is increasing fast enough to be given it’s own hash tag. For example, they can have their agreement state that ownership interests automatically convert to non-voting shares upon transfer to a third party. Otherwise known as your old ball and chain. So much for having their employees categorize their business interests as marital property in their lawyer legal separation agreements. In conclusion, this brings protection assets strategy to a whole new (sneaky) level.
A Prenup Lawyer Is Necessary To Carefully Draft Prenuptial Agreements Florida
Other mandates include restricting ownership of interest to a specific group of named individuals. Another popular clause prohibits owners from transferring their interest without the prior written consent of their cohorts. Some companies even take it as far as requiring all owners to have acceptable pre marital agreements in place before tying the knot. Acceptable, of course, meaning that the agreement must include a waiver of any and all rights to any ownership interest in the business in case of divorce. Not part of your company protocol? No problem. Bring the idea to your boss who will bring it to his boss, and so on and so forth. Then you’ll receive an interoffice memo from the CEO announcing his or her genius idea, effective immediately. Start practicing your outrage of being “kept down by the man” routine. The get out of jail free card is as good as yours.
Alternatives to Securing Prenuptial Agreements Florida And Ensure An Uncontested Divorce In Florida
More of a lone wolf when it comes to making a living? Maybe you simply don’t have it in you to rock the boat before you take the plunge. No worries. Although, as to the latter, I feel it is my responsibility as a Boca Raton prenup lawyer to warn you. If you can’t assert yourself at a time when you still think your sweetheart is the best thing to happen to you since you discovered Vitamix, you may want to get on that. Like, now. As in exit your browser and call a family therapist to discuss whether down the aisle is the direction you should be walking in. For those of you still with me, you can always explore certain estate planning tools like a domestic or foreign asset protection trust if you have your own company.
The Best Prenup Lawyer for Pre Marital Agreements
The bottom line is that getting married without taking the proper steps to protect your financial interests is like stepping up to the plate facing Johnny Cueto without wearing a cup. The best way to avoid getting your ass handed to you in family court is to fully understand the true prenup meaning. Click Prenup Lawyer today to schedule your consultation. The trough has been handed to you on a silver platter, my friends. It would be a wise decision to drink up.
Boca Raton Prenup Lawyer Breaks Down Florida Statute 61.079
Florida Statute 61.079 may be cited as the Uniform Premarital Agreement Act and applies only to proceedings under the Florida Family Law Rules of Procedure. Under Florida Statute 61.079, these are marital agreements between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Property includes, but is not limited to an interest:
- present or future
- legal or equitable
- vested or contingent
- in real or personal property
- tangible or intangible
- including income and earnings
- both active and passive.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself. Parties to a Florida premarital agreement may contract with respect to:
- 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;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The establishment, modification, waiver, or elimination of spousal support;
- The making of a will, trust, or other arrangement to carry out the provisions of the prenup;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
Pre marital agreements additionally can’t adversely affect Florida child support.
Important Things to Remember when Taking Steps Towards Uncontested Divorce in Florida
Prenuptial Agreements become effective upon marriage of the parties. After marriage, a Florida prenup may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:
- The party did not execute the prenup voluntarily;
- The agreement was the product of fraud, duress, coercion, or overreaching; or
- The prenuptial agreement was unconscionable when it was executed and, before execution of the agreement, that party:
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
Boca Raton Prenup Lawyer Practice Areas Include:
Prenuptial Agreements Florida
Florida Cohabitation Law
Uncontested Divorce In Florida