A couple signing an uncontested and collaborative divorce agreement

Florida is commonly referred to as a no-fault divorce state. Under Florida law, you don’t need to prove adultery or reasons for a divorce. See Florida divorce law 61.052. All Florida law requires is there be irreconcilable differences to obtain a divorce. Additionally, if the parties can reach a full agreement on the terms, they can file as an uncontested divorce. However, without a comprehensive agreement, there can be extensive litigation over the terms. For instance, a disagreement on alimony or child custody can lead to aggressive and costly litigation.

Filing for divorce in Florida can sometimes be a long and expensive process. However, an uncontested divorce in Florida can be completed much quicker and less costly than a contested divorce. Florida Law Advisers offers a low cost, flat-fee divorce for an uncontested divorce. To receive a free, confidential quote, contact Florida Law Advisers to speak with a divorce attorney in Tampa.

What Is An Uncontested Divorce?

In an uncontested divorce, the couple reaches a full agreement on the terms of the divorce before filing the case. If the case requires a judge to intervene, it must follow the traditional divorce procedure. If the parties agree on 99% of the issues, it will still be considered contested because there is 1% left for the judge to decide. If a Judge needs to get involved, the divorce is classified as contested.

Many issues may need to be resolved for an uncontested divorce. For example, all marital property must be distributed as part of the case. See Florida Statute 61.075. Additionally, there will need to be an agreement on the terms of alimony, if any. If the couple shares minor children, a full agreement on child custody and child support will also be necessary. A divorce attorney in Tampa can help make the process a lot easier and ensure your rights are protected. It is recommended to have a divorce lawyer assist with an uncontested case, but it is not required.

Filing Fees For An Uncontested Divorce In Florida

In addition to fees charged by an attorney for a flat-fee divorce, the court will impose a filing fee. For Pasco or Pinellas County divorce cases, the court charges a $397.50 filing fee. However, additional fees, such as summons fees may be applied. For flat-fee divorce cases in Hillsborough County, the court charges a filing fee of $408. For a complete list of the filing fees in Hillsborough County, click here.

Flat-Fee Divorce In Florida

An uncontested divorce can be a lot less expensive than a traditional divorce. Most law firms will charge by the hour and require large retainers for a traditional divorce. However, uncontested divorces are eligible for a low cost, flat-fee program with Florida Law Advisers. The flat-fee will cover all of the legal fees for the case, as long as it remains uncontested.

Most divorce attorneys in the Tampa Bay Area charge $300 – $450 per hour. Time spent negotiating, attending court hearings, and drafting documents are all billed hourly. Phone calls and emails with the lawyer are also usually charged by the hour. The costs for divorce can get out of control very quickly if services are billed by the hour. On the other hand, a flat-fee divorce provides peace of mind knowing exactly how much the case will cost.

What Is a Collaborative Divorce?

Collaborative divorce in Florida is the middle ground between traditional divorce and uncontested divorce. In a traditional divorce, the couple may disagree on alimony, child custody, and division of assets. These disagreements typically need to be resolved through litigation and require court intervention. On the other hand, in an uncontested divorce, the couple is in agreement on all the issues encompassing the divorce. Conversely, in a collaborative divorce, the couple has disagreements but are willing to negotiate outside of court.

Collaborative divorce in Florida has many benefits. For instance, it can allow the parties to have more control over the outcome and save money on attorney’s fees. However, a collaborative divorce is not right for every situation. If you’re considering divorce, contact a divorce law firm to learn more about collaborative divorce. Many divorce law firms in Tampa will offer free initial consultations to explain the collaborative divorce process in more detail.

The Process For Collaborative Divorce In Florida

Typically, in a collaborative divorce, each spouse will have their divorce attorney. The divorce attorneys will enter into a binding agreement that requires them to withdraw if litigation becomes necessary. Thus, there can still be substantive discussions regarding the case without the threat of prolonged litigation. The theory is this will allow the parties to focus on creating an agreement instead of adversarial proceedings and posturing.

To be successful, collaborative divorce in Florida requires both sides to provide full and honest disclosure. If both parties don’t enter the collaborative divorce in good faith, the negotiations may fail. Couples should not be too concerned about disclosing information. Under Florida law, all settlement discussions are considered confidential and inadmissible in court. Additionally, anyone involved in the process may not be allowed to testify in court regarding settlement discussions. For instance, a C.P.A. or forensic accountant must keep settlement discussions confidential.

The Negotiation Process

Most often, the process begins with the couple and their respective divorce attorneys entering into a participation agreement. The agreement should provide an outline for future meetings. For instance, it should specify the required conduct of each party. Additionally, the agreement should address the use of any experts to aid in the negotiations. For instance, divorce cases with complex assets may require the use of an independent expert to help appraise the assets. The agreement should outline the process for selecting the experts and the issues they will be asked to advise on.

Subsequent meetings will be coordinated between the parties and should include a formal agenda. The agenda will describe the topics to be discussed to help avoid surprises during the negotiations. It’s suggested to create a customized agenda for each meeting to help further resolving any issues that are still lingering.  A customized agenda can help each side properly prepare for the meeting and stay focused on the topic at hand. The Tampa divorce lawyer you retained should be able to assist with creating the agenda.

Mediators And Uncontested Divorces

If the parties are not able to resolve all the issues amongst themselves, they should consider retaining a mediator. A mediator is an impartial, independent person who is familiar with Florida divorce law. The mediator will listen to both sides and propose solutions to help negotiate a settlement between the two parties. The mediator’s proposals are only suggestions. A mediator does not have any authority to compel the parties to any specific act or agreement.

A mediator cannot also serve as your attorney or provide legal advice. Therefore, you should retain an attorney to attend mediation with you. A divorce attorney can help with negotiating and advising on whether or not to accept a proposal. Without competent legal advice, you may be accepting too little or giving up too much in the case.

Consult a 5-Star Flat-Fee Divorce Law Firm In Tampa

We understand how stressful a divorce can be and are here to help. At Florida Law Advisers, we want to provide solutions, not add to your burden with overpriced legal fees. We offer a low cost flat-fee and hourly rates for divorce cases. When you hire Florida law Advisers, you can count on the strong advocacy you need in these important matters. Regardless if a couple agrees to the terms of a divorce or is engaged in fierce litigation, we can help. Call us today at 800 990 7763 to schedule your free consultation with a Tampa divorce lawyer at our firm.

A street sign with the word Marriage and Divorce to signify Annulment

Under Florida annulment law, once a marriage is legally formed, it can only be terminated by death or court order. The court can terminate the marriage by issuing either a dissolution of marriage (divorce) or by annulment. In a divorce, the court dissolves/ ends the marriage. See Florida divorce law 61.052. On the other hand, an annulment voids the marriage as if it never existed.

Under Florida law, a dissolution of marriage is granted when there are irreconcilable differences. An annulment, however, is granted if a judge determines that there was never a valid marriage. To be eligible for an annulment, there must be a defect in the formation of the marriage. If the marriage was legally created a divorce will be required. For information about a specific annulment case in Florida, contact a divorce lawyer in Tampa. Many divorce law firms in the Tampa Bay area will offer free consultations for annulment cases.

Requirements For a Valid Florida Marriage

Florida law has many requirements to form a valid marriage. For instance, a couple must secure a marriage license and then solemnize the marriage with a ceremony. The marriage license must be issued by either a Florida county court judge or clerk of the court, and the marriage license will expire within 60 days unless there is a ceremony administrated by an authorized official. An authorized official can be an ordained minister, elder, or another clergy of any church. Also, the clerk of the circuit court or a notary of the State of Florida can formalize a marriage.

What Is An Annulment?

In an annulment, the court declares that the marriage never legally existed, and the parties return to the status they were before the marriage. Unlike a divorce, there is no property division or alimony in an annulment in Florida. To have a marriage annulled in Florida, it must be either void or voidable. A void marriage never existed in the eyes of the law. On the other hand, a voidable marriage remains in effect until it is annulled.  Under Florida law, only marriages which involve bigamy, incest, or parties of the same sex are void.  Conversely, a marriage is voidable if it was obtained by fraud, duress, or temporary insanity.

Is The Marriage Void Or Voidable?

For a marriage to be invalid, it must be either void or voidable. A void marriage is one that should never have been permitted to form under the existing law. For example, one or both spouses are currently married when attempting to marry each other. On the other hand, a voidable marriage is one that had grounds to exist when the marriage started, but something has been learned later that should nullify the marriage. For instance, lying about a fundamental aspect of the marriage can be the basis for a voidable marriage.

How To Get An Annulment In Florida

There is no specific statute that governs annulments in Florida. Therefore, judges must reference case law to determine if an annulment is appropriate in each case. This means that the judge will look at previous cases for guidance. If you found a prior annulment case with similar facts, you can use that to sway the judge. Either spouse may be permitted to file for an annulment in Florida. In some instances, an annulment case may even be filed after the parties are deceased. However, if the marriage is only voidable, at least one spouse must be alive and a party to the case. See Florida annulment case. Arnelle v. Fisher.

Alimony In a Florida Annulment

If an annulment is granted, the law will treat the relationship as if there was never a marriage. Therefore, there will be no marital assets or property to divide in an annulment. Instead, the parties leave with the property they began the relationship with. Usually, alimony is also not granted in Florida annulment cases. However, in rare circumstances, alimony can be awarded in an annulment. For instance, in Kindle v. Kindle, the court awarded the wife permanent alimony with the annulment. The judge felt the wife was an innocent victim, and to deny alimony after a twenty-year marriage would be unjust.

Annulment Based On Duress

Duress can be used as a legal means to annul a marriage. If the petitioner entered into the marriage solely because of duress, they might be eligible for an annulment. Duress is a degree of pressure that is so strong it deprives the victim of the capacity to refuse the marriage. See Florida Supreme Court case, Beeks v. Beeks. The duress must be shown with clear and convincing evidence.

Additionally, accepting benefits of marriage, such as cohabitation or consummation after the duress has ceased, may ratify the marriage. If the marriage has been ratified, it may not be eligible for an annulment in Florida. Instead, the parties may need to file for a dissolution of marriage.

Annulment Case For Fraud

Fraud can occur if there was an intentional misrepresentation of fact, with the knowledge that the other party would rely on it. The victim must also have relied on the misrepresentation when consenting to the marriage. For instance, entering into a marriage with no intention of living as husband and wife can be considered fraud. On the other hand, failing to follow through with a promise is not fraud unless the promisor had no intention of fulfilling the promise at the time it was made.

Additionally, for annulment cases involving fraud, time is of the essence. The party seeking the annulment must do so within a reasonable time after discovering the fraud. If too much time passes, a dissolution of marriage may be required. The amount of time will vary based on the circumstances of each case, contact a divorce lawyer for advice.

Requirements For Divorce In Florida

A divorce is more common because an annulment can only be granted in limited circumstances. Florida is a no-fault divorce state. Therefore, you don’t need to prove adultery or other reasons for a divorce. All Florida divorce law requires is there be irreconcilable differences. Conversely, an annulment has a much higher burden of proof. Plus, the party seeking the annulment has the burden of proving the grounds for the annulment. In cases such as these, it is essential to hire an experienced divorce law firm in Tampa.

Consult a 5-Star Annulment Law Firm In Tampa Bay

If you need assistance with an annulment in Florida, contact Florida Law Advisers, P.A. to speak with an attorney. We can review the specifics of your case and provide the legal advice you need to make an informed decision. If there are grounds for an annulment, we can draft all the paperwork and expedite the case through court. If an annulment is not possible, we can assist with filing for divorce to end the marriage as quickly as possible. The initial consultation is free and can be done over the phone. To speak with an annulment lawyer at our firm, call us at (800) 990 7763.

Confused child with paper parents wondering about relocation

We cannot always plan for everything life throws at us. Sometimes events will cause us to move unexpectedly without much notice. Moving becomes even more complicated if you have a parenting plan as a result of a divorce or paternity action.  Depending on the specifics of your relocation, Court approval may be needed. If court approval is required, you may need to petition for relocation in Florida. A child custody attorney in Tampa can help with filing the petition, if necessary.

Florida child custody law can require a parent to obtain approval from their ex or a judge before moving more than 50 miles away. See Florida Child Custody Statute 61.13001. Failure to obtain abide by the law can result in contempt of court. Additionally, the court can compel the return of the child and take the parent’s actions into account when determining custody.

Do I Need To File a Custody Case To Move With My Child?

If there has previously been a child custody or paternity case filed, you will likely need to file a petition for relocation. After a parenting plan has been issued in Florida, steps must be taken before relocating with the child. Under Florida child custody law, relocation is any move more than 50 miles away from the current residence. If the parents are not in agreement, the court will need to intervene to decide the relocation. In cases such as these, it is crucial to have a child custody attorney at your side.

If a parenting plan or paternity order was never issued, you might not be required to file for relocation. However, in many cases, it is still recommended to file for relocation, even if it is technically not required. Otherwise, you run the risk of the other parent filing a custody case in Florida soon after the move. Judges may not view the relocation favorably and can require the child to be returned to the other parent. This is especially a concern when a parent moves without first obtaining the other parent’s approval.

Relocation Without Court Approval

In relocation cases, it is essential not to resort to self-help. Self-help refers to taking the law into your own hands, regardless of court approval. Moving outside of the fifty-mile radius without first obtaining court approval can be a violation of the parenting plan. A violation such as this can result in changes to your rights and responsibilities as a parent.  Family law is inter-connected:  a parenting plan affects time-sharing, time-sharing affects child support payments, and so on.

It is also very likely a move of this nature would affect your ex’s visitation rights. If so, this could put you in further violation of the parenting plan. If you are found to be in contempt, the judge can impose sanctions. These sanctions can include but are not limited to:

  • Being ordered to pay the other parent’s legal fees
  • Attend court-ordered counseling
  • Loss of timesharing with the child and custody rights
  • Denial of the relocation request
  • Permanent changes to the parenting plan

Similarly, if your ex relocates without telling you or obtaining court approval, you should contact a child custody attorney. Family law judges do not want a parent to attempt to remedy the situation on their own without seeking court intervention. Resorting to self-help can significantly impact your ability to win a child relocation case in Florida.

Relocation With Consent From The Other Parent

To be an effective relocation agreement, both parents must agree to the terms. Additionally, all other parties entitled time-sharing with the child must also agree to the relocation. The agreement must be reduced to writing and include a parenting plan. The parenting plan must detail the time-sharing schedule for custody after the relocation occurs. Parents should also account for and describe the transportation arrangement related to time-sharing in the parenting plan. Moreover, to be legally valid, the agreement must be submitted to a court with competent jurisdiction. Lastly, the agreement must be ratified by a family law judge.

Relocating When The Other Parent Objects

If the other parent does not agree to the relocation, the relocating parent must file a petition to relocate. The other parent and all other parties entitled to time-sharing be served with a copy of the petition. If no objection to the petition is timely filed, the court may grant the petition to relocate without an evidentiary hearing. See Florida Rules of Civil Procedure.  If no objection is filed it will be presumed that the relocation is in the child’s best interests. See Florida Child Custody Case Porras v. Porras.

If the nonrelocating parent objects to the relocation, there must be a hearing or trial before the relocation can occur. An objection to relocation must be verified and include the factual basis for why the relocation should be denied. Moreover, the objection must include a statement outlining the involvement that the nonrelocating parent has had with the child. The Florida child relocation objection process can be confusing without legal training. If you need assistance fighting a relocation case, contact a child custody attorney in Tampa for counsel.

Petition For Relocation In Florida & Long Distance Parenting Plan

If you move more than 50 miles away from the principal residence, you may need a long-distance parenting plan.  The principal place of residence would have been established in the initial parenting plan. Most likely, it is the address of the parent with the majority of time-sharing responsibilities according to the original parenting plan.  If you have not yet finalized your initial parenting plan, you can add the relocation to the case.

If you already have an established parenting plan, you should file the petition for relocation right away. A child custody attorney can assist with filing the documents on your behalf and navigating the case through court. You are not required to hire a child custody attorney, but it is highly recommended to do so.

What To Include In a Petition For Relocation In Florida

If there is no agreement, you should file the petition for relocation in Florida without delay. The petition for relocation in Florida should include details about the relocation. The petition should include the date of the move, new address, and reasons for the move. Additionally, it should consist of a proposed parenting plan. The parenting plan should specify how you plan to exercise timesharing, considering the distance. Moreover, formal notice of the petition would be required. See Hobe Sound v. First Union

After the other parent has had a chance to respond to your petition for relocation in Florida formally, a court hearing will be conducted.  The judge will make its decision based on the best interests of the child. See Florida child custody case Mize v. Mize. The judge’s primary concern will be the needs of the child, not the parent’s desires.

How To Win a Child Relocation Case in Florida When A Parent Objects

If a valid objection is filed, there must be a hearing or trial before the relocation can occur. The relocating parent will have the burden of proving the relocation will be in the child’s best interests. Therefore, you need to prove to the judge the child will have a better life at the new location. An experienced attorney should be able to help identify the key issues the judge will be focusing on. Some of the factors the judge can consider in a child custody relocation case are below.

  • The child’s preference
  • Whether or not the relocation will enhance the quality of life for both the relocating parent and child
  • The impact the relocation will have on the child’s physical, educational, and emotional development
  • Each parents reasons for the relocation or objection
  • The nature and extent of involvement both parents have had with the child
  • The current employment and economic circumstances of each parent and whether the relocation is necessary to improve the economic conditions.

The above list is non-exhaustive; a court will consider many other factors in relocation cases. For more information, see Florida child custody statute 61.13. If you need assistance with a specific relocation case, contact a child custody law firm for advice.

In child custody cases, it is vital to understand how judges think and process these sorts of cases. The judge will have a lot of discretion on who wins a Florida relocation case. An experienced lawyer should be able to present the facts in a way that is most favorable to their client. If you need information on how to win a child relocation case in Florida, contact Florida Law Advisers.

Consult a 5-Star Child Custody Relocation Lawyer In Tampa

If you are defending a relocation or need to relocate, contact us today to speak with a Tampa family lawyer. At Florida Law Advisers, we take these matters very seriously and will stand firm for what is fair. We have years of experience in both advocating for and against relocation.

Regardless if both parents mutually agree or are engaged in a fierce battle for their custody rights, we can help. Our team of experienced child custody lawyers is committed to providing top-notch legal representation at a reasonable cost. If you need legal counsel, call us today. We are available to answer your call 24/7.

100 dollar bill rolled up with a wedding ring around it to signify prenuptial & postnuptial agreements in Florida

Entering into a marriage is a life-changing event, one that each party hopes will last forever. However, divorce occurs more frequently that couples would like, making prenuptial agreements a necessity. For instance, the American Psychological Association reports that forty to fifty percent of first-time marriages end in divorce. Further, the divorce rate is even higher for second or subsequent marriages. See the American Psychological Association.

Regardless of the circumstances, a Florida prenuptial agreement can be beneficial to a couple. Premarital agreements, commonly known as prenups, are essentially a contract the couple signs before the marriage. The contract determines the distribution of assets, debts, alimony, and other issues in the event of a divorce.  A prenuptial agreement can allow you to modify specific provisions of Florida divorce law to fit your particular circumstances better. A well-executed  Florida prenuptial agreement will allow you to set forth the terms of the divorce. Rather than a judge dictating the distribution of your assets and the amount of spousal support awarded.

A postnuptial agreement, by contrast, is executed sometime after the parties were married.  A postnuptial agreement seeks to accomplish the same goals as a prenuptial agreement. These goals set forth the terms of the divorce, rather than a judge dictating the distribution of your assets and the amount of alimony.  To find out more about a Florida prenuptial or postnuptial contact a divorce law firm in Tampa to schedule a consultation.

Florida Equitable Distribution in a Divorce

Florida utilizes equitable distribution in divorce proceedings if there is no prenuptial agreement.  Simply put, this means that marital property is subject to a fair distribution. Judges will typically divide marital property in half unless there are unique circumstances. Marital property is generally any asset or debt acquired during the marriage.  Equitable distribution is the standard that will likely be applied should the agreement be found unenforceable by the court.

Florida Prenuptial Agreement Benefits

There are many benefits a couple can find from a Florida prenuptial agreement. For instance, the agreement can allow the parties to determine the terms of a divorce and avoid costly litigation. Though commonly thought to be important for only wealthy couples, prenuptial agreements are now recommended for everyone. An effective agreement can save litigation costs and stress in the event of a divorce. No matter how much or how few assets a couple has, prenuptial agreements can be very helpful.

Florida Prenuptial Agreement

A Florida prenuptial agreement can cover a wide range of issues. These issues include alimony, division of debts, and assets in the event of divorce. Additionally, the agreement may consist of many complex requirements that are not part of a typical contract. Therefore, it is essential to consult an experienced Tampa pre-nuptial agreement lawyer while creating and before signing a premarital agreement. Many divorce law firms will offer free initial consultations for these types of legal issues.

It is important to note that there are some issues a Florida prenuptial agreement cannot determine, such as child custody rights.  Under Florida law, child custody is based on the best interest of the children (not the parents). Therefore, custody is not a decision parents and spouses can make before an active child custody case.  To find out more about other issues not eligible for a Florida prenuptial agreement, contact a prenuptial agreement attorney in Tampa.

Uniform Premarital Agreement Act

Florida has adopted the Uniform Premarital Agreement Act, which expressly provides that parties may reach a binding contract on the many issues. These include:

  • The parties’ rights and obligations concerning any assets and liabilities.
  • A right to buy, sell, use, transfer, or dispose of the property.
  • Distribution of property upon separation, dissolution, death, or other events.
  • The right to alimony.
  • Making of a will or trust.
  • Disposition of life insurance proceeds.

There may be additional issues you can include as well. For a complete list, contact a divorce lawyer in Tampa for specific advice about your case.

A Non-modifiable Florida Prenuptial Agreement

Generally speaking, a Florida prenuptial agreement is not modifiable. Because a Florida prenuptial agreement cannot be modified, careful planning is required.  A good prenuptial agreement will not only account for the assets at the time of marriage but will consider the potential for future income and accumulation of assets as well.

This could be an issue where one party had a high-income job when the prenuptial agreement was signed and thus did not request alimony.  Then, during the marriage, that party became unable to work due to a disability. Though their financial situation has drastically changed, because the right to alimony was waived initially, they cannot receive alimony at the time of divorce. See Florida pre-nuptial agreement law 61.079.

Enforcement of Prenuptial Agreement

Under Florida prenuptial agreement law, a prenup may be enforceable even if the terms are unfair. For instance, in Ferguson v. Ferguson, the court upheld a prenuptial agreement to transfer real estate before the market decline. Per the agreement, the husband was to retain sole ownership of the home in exchange for paying the wife $185,000. Additionally, the husband was to indemnify the wife from any property taxes, assessments, or other property-related expenses. The prenuptial agreement was drafted before the real estate market collapse in 2008 and did not anticipate a drastic drop in the home’s value. The husband attempted to void this provision because the change in home values made the deal significantly worse for him. However, the court upheld the prenuptial agreement and ordered both parties to fulfill its performance.

The prenuptial agreement can be a legally enforceable contract. However, in some circumstances, the agreement can be voided.  Further, a court can disregard specific provisions of the contract while still enforcing the remainder of the prenuptial agreement. Therefore, you must consult with a Tampa divorce attorney experienced in Florida prenuptial agreement law.

Adultery

Misconduct concerning the marriage by either or both parties will not necessarily invalidate a post or prenuptial agreement.  For instance, adultery will generally not b sufficient to void an agreement. Traditionally, the conduct must be so gross that it is beyond the contemplation of the parties to be bound to its terms.  See Swad v. Swad.

Challenging a Prenuptial Agreement in Florida

A valid prenuptial agreement in Florida is a legally enforceable contract; however, it can be challenged and voided in a court of law. A prenup in Florida may be voided in its entirety or just specific provisions of the agreement. Grounds to void an agreement can include, duress, coercion, failure to disclose assets, or fraud.

Both parties must hire their own divorce attorney when entering into a prenuptial agreement. Failure to hire your own attorney may not be sufficient grounds to void an agreement. You should be well informed of the agreement’s benefits and disadvantages before signing. Once a prenuptial is fully executed, it may be binding and nonmodifiable, you should proceed with care.

Evidence to Void a Prenuptial Agreement

A court does not have the authority to void a prenuptial agreement in Florida simply because it’s an unfair deal. See Castro v. Castro & Kuchera v. Kuchera. An agreement cannot be voided solely because, in hindsight, it represents a bad deal for the spouse. However, an agreement that is unfair on its face will create a presumption that there was not full disclosure.

Usually, the party seeking to enforce the agreement will have the burden of proving full disclosure was provided. If the presumption is not rebuffed by evidence, the agreement may be voided in its entirety or limited to specific provisions. However, if there is sufficient evidence to refute the presumption of lack of disclosure, the agreement will be enforceable, regardless of how unfair the terms of the agreement are. Thus, it is highly recommended you retain a Tampa divorce lawyer to assist with preparing the prenuptial agreement. An experienced attorney can help to make sure the agreement will hold up to judicial scrutiny.

Florida Prenuptial Agreement Law on Child Support and Custody

Not all aspects of a Florida divorce can be resolved with a prenuptial agreement. For instance, a court may void provisions of an agreement that attempts to alter child support or custody. A  court will only enforce these provisions if they are more beneficial to the child than Florida law provides. See League v. Lassiter. Additionally, provisions of a prenuptial agreement that attempt to limit or prevent support during a pending divorce are generally not enforceable.

Consideration for a Postnuptial Agreement in Florida

Under Florida divorce law, the agreement must be made in good faith and free from fraud, deceit, coercion, and trickery.  See Baker v. Baker.   Additionally, since a Florida antenuptial agreement is treated as a contract, there must also be valid consideration.

Consideration is required for every contract in the United States. The consideration represents something that each party will give up or receive as a result of the agreement.  Unlike a prenuptial agreement, the marriage itself cannot be considered valid consideration. In postnuptial agreements, the marriage would have already occurred before the postnuptial agreement. Therefore, there must be some other form of consideration for the agreement.

Consult a 5 Star Tampa Divorce Law Firm

Regardless, if you are trying to enforce, overturn, or draft a prenuptial agreement Florida Law Advisers, P.A. can help. Our divorce lawyers in Tampa have years of experience in drafting and challenging prenuptial agreements. Every case is different, and our vast experience allows us to cater our services to a client’s individual needs. To speak with a Tampa divorce lawyer at our firm, call us today at 800 990 7763.  We are available to answer your calls 24/7 and offer a free initial consultation with a Tampa divorce attorney.