How does a Florida Family Court judge deal with the issue of foreign law? There is no doubt that Florida is a multi-cultural state, drawing residents from around the world. Oftentimes those residents will come to Florida with prenuptial agreements executed in their home countries. These agreements usually will contain a choice of law provision…
Continue reading ›It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…
Continue reading ›Mental incapacity plays an important role in many different family law matters. Cases alleging mental incapacity of one of the spouses can become complicated and adversarial. Because you cannot actually get into someone’s head and know what they were thinking at a particular point in time, gathering and presenting evidence of mental incapacitation can be…
Continue reading ›Celebrity divorces can be difficult, not only because of extensive media coverage but also because one or both of the spouses may have a significant amount of wealth. In one recent divorce, a wife is attempting to obtain a large portion of her husband’s $85 million fortune as well as a large amount of additional…
Continue reading ›87-year-old Martin Zelman of Palm Beach has filed for divorce from his wife of 15 years, though now Florida family courts will have to decide whether or not he truly wants one. Last year, another Florida judge declared Zelman mentally incompetent and appointed his son and daughter as his guardians. With this declaration, Zelman lost…
Continue reading ›Paige Laurie, the granddaughter of Walmart founder James “Bud” Walton, married Patrick Bode Dubbert in a reportedly over-the-top ceremony in 2008. Prior to the marriage, the couple signed a premarital agreement that stated, should the marriage end, Laurie agreed to pay $30,000 per month in spousal support for half of the time the marriage lasted.…
Continue reading ›Many couples wonder, for one reason or another, whether or not they should sign a premarital agreement (also known as a prenuptial agreement or “prenup”) prior to tying the knot. The following are some reasons you may want to consider having such an agreement in Florida. If you have any questions regarding premarital agreement, do…
Continue reading ›More and more people, especially in Florida, are opting for the single life. In Florida, there were 7.3 marriages per 1,000 people in the year 2010. Compare this rate to the 17.1 marriages per 1,000 people in the year 1940.. At the same time marriages are declining, the rate of divorce is increasing. In Florida,…
Continue reading ›Why is a prenuptial agreement important and what purpose does it serve? A prenuptial agreement is a contract between two adults, and it can cover a myriad of issues, limited only by the imagination of the contracting parties. A prenuptial agreement most definitely, and frequently will, alter the rights of the parties should a divorce…
Continue reading ›There is a presumption that a prenuptial agreement was entered into freely and voluntarily. Usually each party to the agreement has had the opportunity to be advised by their own attorney, and each party has made a complete and total financial disclosure of their assets and liabilities tio the other party. Prenuptial agreements usually contain…
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