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Did you ring-in this new year with a wedding proposal? If you said, “Yes,” amidst the promises of a lifetime of togetherness and joyful wedding preparations, now is the time to also think about the true value of a prenuptial agreement, namely, agreeing to mediate before choosing to litigate.
It’s quintessentially unromantic, but apparently a rising trend, to present your soon-to-be spouse with a prenuptial agreement the “just-in-case-this-doesn’t-quite-work-out” agreement.
Settlement agreements should be entered into freely, voluntarily, and only after full disclosure of all pertinent facts. The agreement itself will most likely contain representations that full disclosure was made.
Most divorce cases do not end with a trial by the judge, but by agreement. The agreement establishes the rights and obligations of the parties. When one party fails to live up to their obligations, it becomes necessary to enforce the agreement.
Nothing is more important than your children. When faced with a divorce or paternity lawsuit, often the most difficult issues involve the future parenting arrangement.
Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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