Recently in Prenuptial agreements Category

August 19, 2012

Statistics show that marriages are on the decline in Florida

More and more people, especially in Florida, are opting for the single life.

In Florida, there were 7.3 marriages per 1,000 people in the year 2010. Compare this rate to the 17.1 marriages per 1,000 people in the year 1940..

At the same time marriages are declining, the rate of divorce is increasing. In Florida, the divorce rate was 4.2 per 1,000 people in the year 2009. Just last year the divorce rate was an astonishing 76% of all marriages. You can read more about these statistics in a recent article reported in the Ledger.com.
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If you are contemplating marriage you need to be aware of these statistics. You need to prepare yourself for the worst and hope for the best. Prenuptial agreements may be a good idea in light of these kind of statistics. Plan ahead for the worst scenario, and protect yourself and your assets prior to making the important commitment that a marriage commands.

A prenuptial agreement is like an insurance policy, so to speak. You are insuring yourself against the potential for financial disaster should things not go your way. An experienced Boca Raton, Florida or Fort Lauderdale , Florida attorney, who has years of experience, can protect your interests. Make the call today to insure your future.

August 7, 2012

The importance of a prenuptial agreement

Why is a prenuptial agreement important and what purpose does it serve? A prenuptial agreement is a contract between two adults, and it can cover a myriad of issues, limited only by the imagination of the contracting parties.
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A prenuptial agreement most definitely, and frequently will, alter the rights of the parties should a divorce subsequently occur. Many agreements provide for the complete waiver and relinquishment of alimony and other support obligations from one party to the other. However, under Florida law, a waiver of temporary alimony under an agreement is unenforceable. You may wish to confer and consult with an experienced divorce attorney regarding this, as well as any other aspects of a prenuptial agreement.

Valuable property rights can also be given up under the provisions of a prenuptial agreement. In Florida, marital assets are most frequently divided 50-50 upon a divorce, so if one party feels that they will be contributing to the marriage in a greater proportion, they might want to provide for that contingency.

The actress Courteney Cox, who is involved in a divorce proceeding with David Arquette, apparently overlooked the importance of a prenuptial agreement. You can read her story now by following the link to her story in Forbes.

Although a marriage is considered a "partnership", that partnership does not necessarily have to be an equal partnership. This, in essence, is what a prenuptial agreement is all about. Courteney Cox may learn an expensive lesson in failing to participate in the execution of a prenuptial agreement.

Prenuptial agreements must, at a minimum, include complete financial disclosure by both parties; be executed without duress; and each party should have independent legal advice. Many times the validity of agreements are challenged, so a financial sanction should be assessed against the challenger who does not succeed in their endeavor to void an agreement.

Further information may be obtained on this area of the law by contacting Alan R. Burton, Esq. directly. Appointments are available in Boca Raton and Fort Lauderdale.

September 7, 2010

Can prenuptial agreements be challenged without any risk of paying attorney's fees?

There is a presumption that a prenuptial agreement was entered into freely and voluntarily. Usually each party to the agreement has had the opportunity to be advised by their own attorney, and each party has made a complete and total financial disclosure of their assets and liabilities tio the other party.

Prenuptial agreements usually contain a provision for prevailing party attorney's fees. This means that if you decide to challenge the validity of a prenuptial agreement that contains a prevailing party attorney's fee clause, you will be held responsible for those attorney's fees if your challenge is not successful and the agreement is upheld.

The Supreme Court of Florida resolved this issue in June of 2005 when they decided the case of Lashkajani v. Lashkajani, 911 So.2d 1154 (2005).. The court's ruling was clear and precise. The court held that prenuptial agreement provisions awarding attorney's fees and costs to the prevailing party in litigation regarding the validity and enforceability of a prenuptial agreement are enforceable.

The point to be made is is a simple one. Proceed with extreme caution if you are considering a challenge to a prenuptial agreement. The potential cost may well outweigh any benefits you are seeking to achieve by virtue of your challenge.