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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.
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
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