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Grant J. Gisondo, P.A. – Family Law Attorney

Prenuptial Agreements

Grant J. Gisondo, P.A. > Prenuptial Agreements

Thinking of Getting Married in The New Year? Prenuptial Agreements Are the Way to Go!

For many couples, especially older couples who have been married before and have experienced a difficult and heart-wrenching divorce, the idea of a prenuptial agreement makes a lot of sense. While prenuptial agreements may not seem particularly romantic, they are a very practical way of ensuring that should a happily ever after turn into a time to exit the marriage, certain assets and liabilities (debts) will remain with the party to whom they belong before marriage. Such assets as real property, a business, high-end equipment, collections such as stamps or pictures, valuable jewelry, a yacht, and a pet could be...

Sunset Clause – Should You Add One to Your Prenuptial Agreement?

Sunset clause, what is it, and why would a couple put one in their prenuptial agreement? Before answering that question, it is important to examine what a prenuptial agreement is, as this will help explain the possible need for a sunset clause. Prenuptial agreement: sometimes, before a marriage takes place, the couple will have concerns about such issues as a business, minor children from a former relationship, large debts belonging to one party, real estate property belonging to one party, alimony (should it be needed), certain special personal belongings like a family heirloom, and valuable collections and jewelry. Each party wants...

Why Prenuptial Agreements Are a Great Idea

Get Professional Legal Help When Writing a Prenuptial Agreement Prenuptial agreements in Florida are becoming more and more popular as there are more second and beyond marriages where parties have been “burned” by a previous divorce. Everyone wants to think that their marriage will last until death do they part, but in the United States, the divorce rate hovers near 50% and higher for second and beyond marriages. There is also a surge in grey marriages among couples over 50 years, many who have stayed together until their children are raised. So, in many instances, a prenuptial agreement is a great...

Why You Need a Prenuptial Agreement

Before looking at why a prenuptial agreement is needed, it is a good idea to look at what a prenuptial agreement is. A prenuptial agreement is a written document drawn up by both parties who are intending to be married. The document is written and properly signed, witnessed and notarized before the marriage takes place, It remains in effect the entire marriage unless both parties agree to change the document in a postnuptial agreement or cancel the agreement. In all cases, both parties must be in complete agreement, without coercion or force, to the contents of the prenuptial agreement. If...

Buyer’s Remorse After Signing a Settlement Agreement

Buyer’s remorse, as defined by Wikipedia: “Buyer’s remorse (or buyer’s regret) is the sense of regret after having made a purchase. It may stem from fear of making the wrong choice, guilt over extravagances, or a suspicion of having been overly influenced by the seller.” While buyer’s remorse is usually associated with the purchase of material goods, it can, in the case of a marital settlement, refer to the agreement signed by both parties following mediation. (In Florida mediation is mandatory before a court date can be set for dissolution of marriage or post judgment modifications) This agreement is put in...

Why Choose a Family Law Attorney Vs. a General Practice Attorney

Before answering the question as to why choose a family law attorney vs. a general practice attorney it is important to understand the areas of law practiced by each. A Family Law Attorney practices in the areas of law dealing directly with issues involving families in civil court matters. These issues include child support and its arrears and post judgment modifications, dissolution of marriage (divorce), parental time sharing (child custody) and its relocation and post judgment modification, spousal support (alimony) and its post judgment modification, equitable distribution of marital and non marital property and liabilities, pre and postnuptial agreements, bankruptcy, and...

Setting Aside Prenuptial Agreements in Florida

Prenuptial agreements made in the state of Florida are, for the most part, accepted by the court in the event of a legal separation or divorce. There are certain instances, however, when a judge will set aside a prenuptial agreement, which he/she is allowed to do under the Florida Family Law statutes. If you are looking to create a prenuptial agreement, that is an agreement made before you marry, deciding, if a divorce happens, specific outcomes for such issues as assets, debts, alimony, retirement funds, and inheritance (especially in regards to children from prior marriages) you need to be very...

All About Prenuptial Agreements

Can they be set aside? A prenuptial agreement, sometimes referred to as a premarital agreement, is a written contract between two persons planning to be married. It must be entered into voluntarily on the part of both parties, always in writing, signed by both parties, witnessed, and notarized. These conditions must be met if the prenuptial agreement is to be upheld in the courtroom. Additionally, a prenuptial agreement can be set aside if it can be proven either party has lied or failed to give full financial disclosure at the time of signing. If one of the parties does not understand...

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