Prenuptial agreements common but some conditions are questionable

It is not unusual for engaged couples to choose to enter into a marital contract before exchanging their vows. However, while prenuptial agreements are useful for ensuring that both parties are in agreement over how to handle the division of assets in the event of a divorce, there may be some individuals who attempt to include questionable conditions. Florida residents who are considering drafting these agreements are each urged to seek the input of separate legal professionals.

Recently, one woman shared her concerns over several clauses that her fiancé included in the drafting of their prenup. One of those conditions stated that if the couple has a child, the mother is required to lose at least 30 pounds of any weight she gained during the pregnancy within one year of giving birth. Along with this unusual stipulation, the agreement included a clause that states if the woman engages in an extramarital affair, she will not be entitled to any marital assets.

Lastly, the woman mentioned a clause that would include compensation for bearing children. The bride-to-be claimed that the contract was drafted by her future father-in-law, who is an attorney. The woman has been advised to contact an attorney of her own who can ensure that her interests are protected in the event of a divorce.

Prenuptial agreements can provide peace of mind to those who are concerned about how a future divorce could impact their financial security. However, conditions or clauses that attempt to dictate behaviors may be unenforceable by a family court judge. Florida residents who desire the security that these contracts can provide but are worried about certain aspects within the contract are urged to consult with a legal professional of their own who can ensure that an agreement protects one’s financial interests.

Man discovers alimony cannot be avoided by changing identity

In many marriages, one spouse earns more than the other. For this reason, when a couple divorces, the lower-earning spouse may be granted alimony for a set period of time. Florida residents who are worried about their finances after a divorce may qualify for spousal support to help them until they achieve financial stability.

Recently, one man discovered the hard way that his efforts to avoid paying alimony and child support came with a high price. He has been sentenced to serve 78 weeks in a federal prison followed by three years of supervised probation. In addition, he was ordered to make payments on the arrears that he owes in both spousal and child support. 

According to the prosecutor’s office, the 54-year-old man attempted to apply for a Social Security card in a new name. He allegedly also hoped to obtain a new driver’s license after receiving the Social Security card. His current license was suspended for non-payment of child support. An investigation conducted after he pleaded guilty to one count of fraud revealed that he received a card in 1976 and a replacement in 1987. He purportedly claimed that he had needed a card due to the fact that he was recently barred from an Amish community in another state.

It is unknown how much he owes in either back alimony or child support, but there is a garnishment order stipulating that an estimated $1,950 be withheld from any benefits the man receives. His attorney has filed an appeal after his request for a reduced sentenced was denied by the federal judge. This particular man went to extremes in an effort to avoid meeting his court-ordered obligations. Florida residents who are struggling with their own court-ordered payments may be able to file a petition for modifications. An experienced attorney may be able to provide assistance in these matters.

Regular or high asset divorce tends to happen at a certain age

People who get married in Florida often expect to stay together for many years to come. However, not all marriages make it for a number of reasons, ranging from infidelity to financial problems. Here is a peek at the age that many people who are married today might go through divorce, whether it is a high asset divorce or a more typical one.

Researchers recently took a look at individuals’ marital outcomes at different ages in 2017. After looking at respondents’ answers regarding whether they were currently married and how many times they had been married, they learned that around 10 percent of people who were 30 years old had already gotten divorced. This percentage ended up reaching a maximum of 41 percent for those age 63.

The researchers furthermore looked at 1980 and 1960 marital outcome data. Through their research, they discovered that the number of people between 20 and 29 who had already ended their marriages during these years was a lot larger compared with the number in 2016. On the flip side, the number of individuals who had ended their marriages near their golden years was a lot smaller in 1980 and 1960, compared with 2017.

The reality is that divorce — whether it is a high asset divorce or one that involves more modest asset levels — can be a trying time no matter how old or young a person is. This is because two divorcing individuals may not agree on how to address issues such as asset distribution and alimony, and if they have young children, they may be at odds about child custody. The good news is that an attorney in Florida can help someone who is going through divorce to make educated decisions regarding these issues. The attorney’s aim during a divorce proceeding is to make sure that his or her client’s best interests are safeguarded long term.

Divorce request and peaceful collaboration

It is difficult to make the decision that you cannot salvage a marriage. You have undoubtedly given the matter long consideration. Perhaps you have come to this realization sooner than your spouse. It is harder yet when you view your marriage coming to an end, yet your spouse innocently believes all is well.

While you know it is time for your partnership to dissolve, you may dread asking your spouse for a divorce. Your greatest desire is that both of you work collaboratively and peacefully to find a way through the process of divorce.

How to approach the subject of divorce

The best method of discussing a divorce depends on the personalities of you and your spouse. You may start by considering some online professionals and find one who shares your preference and agrees with the merits of a collaborative experience. Professionals who understand divorce procedure are well aware that, as you intuitively believe, an amicable divorce benefits everyone concerned. You are particularly hoping to avoid the conflict that can ruin children’s lives when their parents go back and forth in custody fights, with each successive court experience increasing family stress, poisoning relationships for you, your spouse and your children. No one emerges unscathed in these types of divorces.

Find a professional who recommends collaborative divorce

When you find a professional who embraces collaborative divorce, search her or his website thoroughly to make sure you understand this person’s philosophy. With an ethical, honest support team, you have the best chance to achieve a fair balance for your family. After you have located a good option, sit down with your spouse and request a divorce. Explain why you would prefer the advantage of a peaceful divorce rather than risk the endless acrimony and hostility that tears many families permanently apart. You know your children and your spouse deserve a better, enlightened experience.

Before you make an appointment for a consultation, ask your spouse to review the website of a professional who supports your desire for harmonious negotiation. If your spouse agrees, suggest that the firm you wish to engage would be best able to recommend a like-minded representative for your spouse. With both attorneys philosophically aligned over a non-contentious proceeding, you have the highest chance of achieving a respectful climate and an equitable outcome.

Help your spouse understand that your children will benefit for the rest of their lives by you and your spouse agreeing together, rather than handing the decision off to a judge to abruptly decide your future parenting and custodial arrangements. When you work in harmony, you make your own parenting arrangements.

Prenuptial agreements can benefit anyone planning to marry

Though the majority of engaged couples are likely not planning to divorce, a large percentage of marriages will not survive. The topic of a marital contract may seem unromantic, but prenuptial agreements provide peace of mind. Even if many Florida residents do not think they will need a prenup, the security they can provide makes them worthwhile. 

Given a scenario involving an individual expecting a future inheritance and a broke but enterprising business owner who invested personal assets into a fledgling company, it may appear as if the first would be more in need of a prenup, especially if the inheritance is not kept separate from the marital assets. However, both parties could use the protection these contracts provide. If the first individual currently lives in a state that has laws protecting separate assets, then he or she would likely not need to rely on such a prenup. On the other hand, if he or she moves to another state, then an existing prenup can provide protection.

For the second individual, if a business is started after a marriage commences, barring the existence of a marital contract, the business’ assets are considered marital property in a divorce. Regardless of one’s financial standing at the time of the wedding, a prenup can ensure that each spouse is protected in a divorce. Furthermore, prenuptial agreements can also provide a safety measure for those who are concerned about the welfare of adult children from a previous marriage.

A prenup can enable a spouse to waive inheritance rights that could prevent these offspring from receiving a portion of their inheritance in the case a marriage ends in the death of a spouse. In reality, almost any engaged couple may benefit from having a premarital contract. The discussion over how assets will be divided in the event of a divorce may even benefit their relationship. Florida residents who are interested in drafting prenuptial agreements may consult with an experienced attorney.