Orlando Family Law Blog

Some events that call for the creation of a postnuptial agreement

Posts on this blog have discussed the importance of prenuptial agreements and how they can be beneficial for a couple thinking about tying the knot. However, many people find it hard to discus these matters prior to their marriage. Sometimes these individuals feel like they've missed out on an opportunity when they fail to enter into a prenuptial agreement, but this isn't the case because these couples can still agree to a postnuptial agreement.

Although a postnuptial agreement addresses the same legal issues touched on by prenuptial agreements, only after marriage occurs, there may be certain situations in which the creation of a postnuptial agreement is of critical importance. Say, for example, that during the course of marriage one party is set to inherit a large sum of money that was not anticipated prior to the marriage. This may be the catalyst for a postnuptial agreement specifying how that inheritance will be split, if at all, in the event of a divorce. Such an agreement can alleviate financial concerns for the heir as well as the person leaving the inheritance.

We can help remedy interstate child abduction issues

Recently on the blog we discussed how the Hague Convention can be utilized to address matters of international child abduction. Successful utilization of this international law is crucial for those who are facing the unthinkable. Those whose children have been taken to another state or another country in contradiction of an existing child custody order are often afraid for their children's well-being and don't know where to turn for help. Although law enforcement's efforts may be beneficial, they are often confined within the bounds of their jurisdiction.

The fear and overwhelming stress felt by these parents shouldn't paralyze them into inaction, though. Instead, they should seek out the legal guidance they need to enforce their court orders and seek the return of their children. This often comes in the form of zealous advocacy from a skilled family law attorney who understands the law and how to successfully apply it to the facts at hand.

How divorce mediation can help older divorcing couples

Divorces among couples close to or past the age of retirement, also referred to as gray divorces, have increased in recent years. Due to a combination of increased longevity and decreased social stigma related to the end of a marriage, many people who have remained married for decades are now wondering if divorce would lead to a happier retirement.

For many of these couples, the primary concern holding them back from moving on with a happier future and more fulfilling retirement is concern about the financial impact of a gray divorce. Truthfully, divorcing at or past retirement age can be financially risky. Not only do you have to worry about surviving on half or less of your accrued retirement savings, but you also have to consider the cost of the divorce itself and how that may reduce the assets you have available.

Traveling outside the U.S. with a child after divorce

Just because a family arrangement has changed doesn’t mean vacations are a thing of the past. Oftentimes, one parent may want to take a long trip with their child or children – potentially even to a foreign country. After divorce however, doing so may not be as straightforward as it once was.

So, when can a parent take a child out of the country following divorce? And are there any restrictions? These questions have a few answers.

What are some limitations on prenuptial agreements?

Many Floridians are drawn to the idea of a prenuptial agreement. These individuals rightly view these agreements as a sort of marital contract that can spell out financial obligations during the course of marriage and, perhaps more importantly, how assets will be divided in the event of divorced. As beneficial as these agreements are, though, they are subject to some limitations. Knowing the restrictions placed on these agreements is crucial because including them in a prenuptial agreement may lead to the entire contract being deemed invalid.

Generally speaking, the limitations placed on a prenuptial agreement deal with what can and cannot be included in the agreement's terms. So what can be included in the agreement? Many people choose to distinguish specifically which pieces of property will be considered separate and which will be considered marital. This essentially sets the stage for which assets will be subject to division in the event of divorce. A prenuptial agreement can also contain language that protects a spouse form the other's debts. Another common use of a prenuptial agreement is to spell out financial duties to be carried by each spouse, such as the management of credit cards accounts and household bills, and addressing how one spouse's schooling will be paid for during the course of marriage.

Child custody, visitation, and the impact of a father's presence

When it comes to child custody, the law tends to favor a child's mother. For example, custody is presumed to lie with a child's mother when that child is born out of wedlock. But even married men can feel at a disadvantage when they seek child custody or visitation rights during the divorce settlement process. As discouraging as that may be, fathers in Florida should think about aggressively pursuing their legal rights, as doing so may lead to better outcomes for their children.

The benefits of a father's involvement on a child's life are enormous. Children with engaged fathers are less likely to participate in risky behaviors and wind up in jail. These kids also have increased chances of landing a higher-paying job and securing healthy relationships of their own. Children with active fathers in their lives are even more likely to have higher IQ scores than children who have absent fathers. They are also less likely to face psychological problems later in life.

International abduction and the Hague Abduction Convention

Child custody arrangements can vary greatly case-by-case. In some instances, parents share time equally with their children, while other families see a custodial parent who significantly restricts a noncustodial parent's access. In today's highly mobile society, it isn't uncommon for custodial parents to seek to relocate with their children, which may not be inline with an established custody plan. Although these parents may be able to get court authorization for one of these moves, sometimes parents take their children across state lines or across international borders with the intent of disrupting a child custody arrangement. When this happens, abduction has occurred.

Nothing is scarier than not know where your child is, except perhaps knowing where he or she is and disapproving of that location. Yet, far too often Florida parents find themselves uncertain what to do when they find out that their child's other parent has taken their kid to another country. This is why they need to understand the law, which in the case of international abduction, primarily focuses on Hague Abduction Convention.

Divorcing with your financial future in mind

Many Floridians who are considering divorce find themselves concerned about their future financial well-being. There's good cause for concern, too. A divorce can lead to decreased income, increased expenses, and significantly reduced savings. Therefore, those who are thinking about marriage dissolution should understand how to financially protect themselves for their life after their marriage ends.

To do so, a number of considerations must be undertaken. One of the first things to think about is what one's post-divorce budget will look like. Housing, transportation, and everyday expenses like utilities and groceries are likely to increase while an individual will have only one income upon which to rely. Creating a budget can paint a clear financial picture, thereby helping an individual understand how best to approach divorce legal issues such as property division.

Using a prenuptial agreement to protect your business

Getting divorced is rarely easy, but it can be simplified when the parties have entered into a prenuptial agreement or a postnuptial agreement. These legally binding documents can specify not only the financial responsibilities of each party during the course of marriage, but also how property will be addressed in the event of divorce. It can also dictate how other divorce legal issues like alimony will play out. Given the impact marriage dissolution can have on one's financial stability, these considerations are of paramount importance.

This may be especially true for those who have a business. Business owners who forego a prenuptial agreement or postnuptial agreement can find themselves battling with their spouse to determine how the business should be divided. The value of the business and each party's contribution to its successes and failures can all be up for debate, the outcome of which can have tremendous financial consequences.

A prenup may be twice as important for a second marriage

You may not have signed a prenuptial agreement before your first marriage. While this may be risky for many people, it may have worked out alright for you.

However, a lot has probably changed since your first marriage. If you are going to be remarried, it may be more risky now to enter marriage without a prenup than it was when you were first married.

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