Florida uses a fair distribution in divorce proceedings if there is no marital agreement. Simply put, this means that marital property is fairly distributed. Judges generally divide marital property in two unless there are unique circumstances. Marital property is usually an asset or any debt acquired during the marriage. A fair distribution is the standard that will likely be applied if the agreement is found to be unenforceable by the court. You avoid family obligations. Any couple who wish to preemptively limit the future custody or access of the children should think twice before committing to a marriage agreement. A prenup should not be used to waive child welfare obligations, child support or spousal support. All aspects of a divorce in Florida can be resolved by a marital agreement. For example, a court may invalidate the provisions of an agreement that attempts to change child care or custody. A court will only enforce these provisions if they are more child-friendly than the law in Florida. See The League vs.
Lassiter. In addition, the provisions of a marriage pact that attempt to limit or prevent assistance in the event of an imminent divorce are generally unenforceable. Keep him in the family. If you are concerned about keeping children from a previous relationship as beneficiaries, you should explain it in a marital agreement. Without Prenup, your partner can receive some of the inheritance you expect or have already granted. A marriage contract in Florida can cover a wide range of topics. These include subdivision, debt sharing and assets in the event of divorce. In addition, the agreement may consist of many complex requirements that are not part of a typical contract. Therefore, it is important to consult an experienced Tampa pre-marriage attorney, while creating and signing a pre-marital agreement.
Many divorce firms will offer free preliminary consultations on this type of legal issue. My spouse went and now live in another state for over a year now I want a post-marriage arrangement This could be a problem where a party had a high income job if the marriage arrangement was signed and therefore did not abstain. Then, during the marriage, this party became unfit for work because of a disability. Although their financial situation has changed considerably because the right to insecurity was initially abolished, they cannot be subdeserved at the time of divorce.