Articles Posted in Prenuptial and Postnuptial Agreements

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In Higginbotham v. Higginbotham, the parties entered into a antenuptial agreement that limited the wife’s attorney’s fees to $5,000. The divorce court in Miami, Florida upheld the validity of the antenuptial agreement and subsequently awarded the wife $305,640 in temporary attorney’s fees and $18,963.16 in temporary costs.

While the Third District Court of Appeal agreed with the Wife that the $5,000 limit on the husband’s liability to pay attorney’s fees was unenforceable, it held that the temporary attorney fee award was excessive. The Court reasoned that given the facts and circumstances of this case the amount requested for litigating the validity of a antenuptial agreement was unreasonable especially in light of the result obtained and the fact that the Husband’s attorney’s fees were $138,442. Accordingly, the matter was remanded to Miami-Dade Circuit Judge Stanford Blake for a substantial reduction of the fee award.

The purpose of your Broward divorce attorney requesting temporary attorney’s fees ad costs is to ensure that both parties have similar ability to secure competent legal counsel. Temporary attorney’s fees are often needed to mitigate the harm that an impecunious spouse would suffer as a result of the other spouse’s potential financial advantage. Temporary attorney’s fees and costs are based upon need and ability to pay. The court is also required to determine the reasonableness of the award of temporary attorney’s fees and costs.

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A recent survey by the American Academy of Matrimonial Lawyers revealed that 73% of attorney’s who practice marital and family law are reporting an increase in the demand for prenuptial agreements. Broward divorce attorneys believe that the recession has effected people’s assets which now require protection in the event of a dissolution of marriage. Nowadays, the demand for prenuptial agreements is seen in the middle class and those individuals with substantial assets. While some individual’s want no responsibility for their spouse’s dent, others are protecting their pensions, 401k and retirement from equitable distribution.

An entrepreneur has recently created divorce insurance called WedLock. Customers are able to decide the size of the policy and the monthly premium based upon the selected plan. Divorce insurance polices range from $99 to $1,073 per month. Claims can not be submitted until a policy holder has had the plan for 36 months.

Marriage rates in the USA continue to drop. In 2000, 34.5% of individuals aged 25-34 had never been married. In 2009, the number increased to 46.3%. While marriage rates have dropped, many couples have just decided to live together and enter into a cohabitation agreement.

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A couple on the verge of marriage in Broward County may decide to sign a prenuptial agreement. The Fort Lauderdale divorce court treats a prenuptial agreement as a contract between two parties. If a couple signs a prenuptial agreement and then seeks a divorce in the Fort Lauderdale marital and family law court, there are circumstances in which the Broward County divorce judge will not uphold the prenuptial agreement.

If, for any reason, the prenuptial agreement was signed under pressure, it can be vacated and set aside. Clear proof of coercion, duress, fraud, or undue influence, will void the document. The most common reason for the court to set aside a prenuptial agreement is for nondisclosure of assets, liabilities and income. If one of the parties is not truthful regarding his or her financial situation the agreement may not be valid. Also, if a party has failed to disclose an asset the agreement is likely to not be upheld. Additionally, if the parties were not adequately represented by counsel the prenuptial agreement could be broken.

A prenuptial agreement is a contract, so you have to be very careful when drafting the document to make sure it spells out exactly which property and asset belong to which party. Moreover, it is of utmost importance to be open, honest and to disclose all financial information up front, or else you run the risk that the court will set aside your prenuptial agreement.

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A prenuptial agreement can decrease the potential for a messy divorce in Fort Lauderdale by spelling out you and your spouses rights to assets brought into the marriage and assets acquired during the marriage and other economic issues that arise. Your marital and family law attorney in Broward can draft a prenuptial agreement for you since about 40 percent of marriages can end in divorce. Whether you reside in Pembroke Pines, Cooper City or Weston, a prenuptial agreement may be a good idea if you are thinking of getting married in Florida.

Prenuptial agreements are not just for the rich and famous. They can protect people at all different income and wealth levels. A prenuptial agreement protects children from a prior marriage since a portion of assets automatically go to a spouse upon death. However, this can be waived in your prenuptial agreement. A prenuptial agreement is also important when there is a significant disparity in earnings and wealth or if you or your spouse own a business to ensure that a divorce will be less contested.

Having a prenuptial agreement drafted by a lawyer is not cheap. A lawyer may charge $1,500.00 to $5,000.00 to draw up and negotiate the prenuptial agreement, either at a flat rate or at an hourly rate. For more complicated estates, a prenuptial agreement can cost as much as $10,000.00, if not more. Both parties should have separate attorneys to avoid a conflict of interest. You may also want to consider having a court reporter and videographer present when you and your spouse sign the agreement in the event that the prenuptial agreement is challenged in the future.

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