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Miami Divorce Law Blog

Are there any disadvantages to a prenuptial agreement?

There are a variety of benefits associated with the creation of a prenuptial agreement, including the ability to protect any assets that you bring into your marriage.

While it's important to learn more about a prenuptial agreement, as this will help you decide if it's something to pursue, there's something to remember: There are some potential disadvantages.

Dividing financial assets in a divorce

As you begin to learn more about the divorce process, you'll find that the way you divide financial assets is a big deal.

Even if you don't have many assets to your name, you still have to divide them accordingly in order to put your divorce in the past.

Divorce mediation: It’s important to understand the process

Many people think about divorce and assume that their case will immediately head for family court. While this may happen at some point, it's important to note that mediation is often the first step in the process.

With mediation, you work closely with the other individual and a mediator to find common ground on a variety of issues. These issues can include things such as: child custody and visitation, child support, property division, debt division and alimony.

Helping adult children when they divorce

In general, divorce rates among young adults are lower than they once were. In fact, it's their parents' generation that is experiencing higher divorce rates. However, young adults (commonly known as millennials) still divorce for any number of reasons.

Parents are sometimes among the last to hear about their children's marital break-ups, so don't be angry or hurt if you weren't told sooner. Your child may be living far away, so you didn't see the marital relationship up close. Further, kids often keep their marital problems away from their parents because they don't want to disappoint them or get them involved.

Child custody decision: The factors

When deciding which parent will obtain custody of a child, the court will always answer the following question: What is in the best interest of the child?

From where you sit, you probably believe that the child living with you is best. Of course, the same can be said for the other parent. This is why it's important to understand the factors the court considers when making this critical decision.

How are you managing parenting time over the holidays?

Co-parenting at any time of the year can be extremely challenging, as a number of things can get in your way.

This is even more so the case during the holidays, as both parents will want to spend as much time as possible with their child.

What will you include in your prenuptial agreement?

If you come to the conclusion that creating a prenuptial agreement would be in the best interest of you and your soon-to-be spouse, you shouldn't waste any time taking action.

Before you take the first step, you must first have a clear idea of what you want to include in your prenuptial agreement. Here are a few things to consider:

  • Distinguish between martial and separate property: This is one of the primary benefits of a prenuptial agreement. It allows you to specify what you're bringing into the marriage, as to ensure that it's not subject to property division in the event of a divorce.
  • Protection from debt: Just the same as assets, one or both people may bring debt into the marriage. A prenuptial agreement can help protect you against being responsible for debt your spouse accumulated before tying the knot.
  • To provide an inheritance to children from a past marriage or relationship: If you have concerns about this you can outline your intentions in a prenuptial agreement.
  • Protection for family property: For example, you can include a family business or heirlooms in your prenuptial agreement, as to ensure that you maintain ownership in the event of a divorce.

There is more than 1 thing that can lead to divorce

When you tie the knot, you never think about the day when you'll have to discuss divorce with your spouse. Unfortunately, this could become reality at some point in the future.

There are many things that can result in a divorce, ranging from basic disagreements to something much more serious.

Tips for dividing credit card debt in divorce

You have the right to divorce your spouse, but that doesn't mean everything will go smoothly in regard to property and debt division.

If you have joint credit card debt, this is something that you need to focus on early in the divorce process. It's easy to get so hung up on asset division that you overlook debts, but you don't want to let this happen to you.

Summer vacation can lead to child custody trouble

Children all over the country look forward to taking a summer vacation. From the time in the car to fun in the sun, they know they'll enjoy every last minute of their trip.

Unfortunately, as a parent, you could run into custody issues as you plan a vacation with your child or children.

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From our law offices in Miami, Florida, we represent clients in North Miami, Miami-Dade County and throughout the South Beach area.

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