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What Makes a Prenuptial Agreement Enforceable in a Court of Law

There are certain factors that goes into determining whether or not a prenuptial agreement is enforceable in a court of law. One of those factors is absolute and complete total disclosure of assets and liabilities by both parties. This is essential because it has to be a knowing agreement. Everybody signing the agreement needs to know what the assets and liabilities are of the other spouse. So both potential spouses need to sign a complete disclosures of all assets and liabilities. In addition to that, there needs to be substantial enough time for both spouses to review the prenuptial agreement...

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The Emotional Aspect of Getting Divorced

For many people, divorce can be an emotionally traumatic situation. Unfortunately, the courts are not set up to deal with the emotionalism of divorces. Florida is a no fault divorce state, so the reason why you might want to divorce or why your spouse is divorcing you is in all likelihood in most situations not relevant to the issues before the court. Therefore the court will not hear a lot of these emotional situations that are so important to you or can be so important to you. In some circumstances it might be important for you to find other avenues...

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Why are prenuptial agreements important?

family lawyer

It might be difficult to talk to you potential spouse about a prenuptial agreement but prenuptial agreements can be very important, especially to people who have assets going into a marriage that they want to be protected or for example, if you have children from another relationship when you're going into a new marriage a prenuptial agreement can be very important. Prenuptial agreements identify which assets and liabilities you have before the marriage so that in the event of a divorce for example, it's clear that those assets are non-marital. A prenuptial agreement can also talk about and make provisions...

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Are student loans considered marital debt?

What kind of debts can be marital debts? Well some debts are martial debts even though you might not think that they are. For example, student loans accumulated during the course of the marriage -- they're marital debt. Even though only one party, one spouse may have signed for that debt, and only that spouse may benefit from that debt, it's still a marital debt because it's a debt that was accumulated during the course of the marriage. Read More about student loans and divorce...

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Is an inheritance a marital asset?

Often times the issue of inheritance comes up during a marriage. When is inheritance a martial assets and when is it not? The definition of a martial asset that we use is it's an asset that's accumulated during the marriage as a results of efforts expended during the marriage. So if you get an inheritance during the marriage, it's received during the marriage but it's not received or gained as a result of any efforts you or your spouse expended during the marriage. Therefore, it's not a marital asset. But guess what -- if you take that inheritance and you...

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How does contested divorce work in Florida?

Let's talk about how contested divorce works. If you want a divorce and you're not sure whether or not your spouse wants one and you're not able to agree ahead of time, then whoever wants the divorce is what we call the petitioner and they file a petition for dissolution of marriage. Often times, along with the petition we will prepare a financial affidavit and file it with the petition. The petition gets served on the other spouse. Once the spouse is served, they have twenty days to respond to the petition. Once the response is filed then everybody knows...

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