Articles Posted in Prenuptial Agreements

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One of the most dramatically altered areas of family law in Florida in the last few years is the area related to same-sex committed relationships. Of course, same-sex couples only obtained the right to marry in Florida with the U.S. Supreme Court’s 2015 ruling striking down same-sex marriage bans as unconstitutional. Before that time, these couples’ relationships had no recognition in Florida. Since that time, same-sex couples have been able both to marry and divorce in the Sunshine State. One thing that is true, whether you’re in an opposite- or same-sex relationship, is that if your non-spouse partner makes a promise to support you it helps to get it in writing. A knowledgeable Miami divorce attorney can help you as you address these and other family law issues.

The divorce of L.M. and P.C. was an example of a dispute over an alleged oral contract. The women lived together for a period of years before they married. Over the course of the relationship, each of the women executed estate planning documents that named the other as the beneficiary of her assets. According to P.C., though, the two partners generally kept their assets separate. While L.M. allegedly opened joint accounts, P.C. asserted that she was unaware of these accounts prior to the divorce. P.C.’s name was added to the deed and the mortgage on L.M.’s home, but that was done because the couple needed P.C.’s high credit score to get a better rate in refinancing the mortgage on that home.

The main point of contention in the women’s divorce was P.C.’s retirement. In the litigation, L.M. asked for one-half of P.C.’s pre-marital retirement earnings. L.M.’s arguments were that (contrary to P.C.’s assertion) they did pool their assets and that P.C. had promised that the couple would use her retirement “to fund their golden years.”

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Recently, ET Online broke the news that former Playboy model and reality television star Holly Madison and her husband were divorcing after five years of marriage. While the couple, who are parents of two children, will have to work through some issues within the divorce litigation (such as parental responsibility, timesharing and a parenting plan), other issues are already resolved. That’s because the couple created a prenuptial agreement back in 2013. When properly negotiated, written and executed, a prenuptial agreement can be a very helpful part of the pre-marriage process. A prenuptial agreement can give both spouses the peace of mind that, if something should go wrong, issues like alimony and division of some or all assets have already been decided at a time when there was less stress and potentially less acrimony.  Whether you are seeking to create a prenuptial agreement or are facing divorce litigation, make sure you have the legal representation you need by hiring an experienced South Florida divorce attorney.

Madison is arguably best known to the public for her time as a star of E! reality TV show, The Girls Next Door, while Rotella is a highly successful promoter of electronic dance music concerts (or “raves”). The couple met in 2011 and married in 2013. They have two children, a five-year-old daughter and a two-year-old son.

Reports of the divorce from Radar Online indicated that the husband’s petition asked the court to award the couple joint custody of the two children. Several other aspects of the couple’s Nevada divorce were resolved before any divorce filing was begun. Just days before the couple’s September wedding at Disneyland, the pair signed a prenuptial agreement. Madison and Rotella’s agreement apparently stated that each spouse would keep her/his separate assets and debts as her/his own, and the agreement also stated that neither spouse was entitled to receive alimony from the other one, according to the Radar Online report.

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Prenuptial agreements can be a very important part of the process for some couples planning to wed. The agreements can allow both partners to reach an agreement at a time when their views are not colored by the pain and stress of a marriage’s recent or impending demise. One of the key things in ensuring that your prenuptial agreement is successful is ensuring that it is written carefully, unambiguously, and with an appropriate level of detail. This is important because the courts will seek to enforce your agreement as it is written. For advice and representation regarding the creation or enforcement of your prenuptial agreement, contact an experienced South Florida divorce attorney.

Michel and Sherrone were a couple who had a prenuptial agreement that was the crux of their family law litigation. The couple’s agreement stated that neither spouse would, in the event of divorce, receive any type of spousal support from the other. However, the agreement did state that the husband or one of his companies would pay the wife a salary of $6,000 per month for 24 months.

Ultimately, the marriage did end in divorce. The trial judge in the couple’s divorce case concluded that the prenuptial agreement was valid and enforceable. The court acknowledged that the agreement made it clear that the spouses were renouncing their right to collect alimony. However, the court went on to rule that the salary payments owed to the wife would be in the form of durational alimony.