We will walk you through all the potential financial outcomes related to divorce and help you determine which legal measures are right for you.
Pre/Postnuptial Agreements in Florida
Buckmaster & Ellzey: Compassionate Legal Advice When You Need It Most
In the reality of the world we live in, many marriages end in divorce. To be prepared in case of this outcome, many couples seek the assistance of a lawyer to help them draw up either a prenuptial or postnuptial agreement. This is a perfectly natural thing to consider, especially in marriages involving joint business concerns or where either party is entering the marriage with a high amount of assets.
At Buckmaster & Ellzey, our Daytona Beach family attorneys will walk you through all the potential financial outcomes related to divorce and help you determine which legal measures are right for you. Don’t enter into a marriage without preparing for every potentiality. Contact Buckmaster & Ellzey for all your marriage agreement needs today.
We are available by phone at (888) 785-6548 or you can contact us online right here.
Prenuptial Agreements
In the state of Florida, current statutes regarding prenuptial agreements make actions surrounding distribution of assets following the dissolution of a marriage legally binding. While there used to be more flexibility around this field, much of the old guidelines were thrown out following court rulings in 2007, making way for a more rigid interpretation of the law. Under current statutes, the terms of a prenuptial agreement will almost always be found legally binding and enforceable. The major exception to this is if one party is found guilty of coercion or duress during the course of, or amidst the dissolution of, a marriage. In these cases, a prenuptial agreement may be nullified.
While many things may be up for negotiation in a prenuptial agreement, certain rules surrounding what can and cannot be divvied in a divorce remain firm, even with stricter enforcements of prenuptial agreements becoming the norm. Child support, for instance, is not subject to the terms of a prenup, and therefore may be nonnegotiable depending on the circumstances of your divorce.
Prenuptial agreements distribute assets and liabilities under two specific conditions. The first is your standard prenup which determine who is entitled to what in the case of a divorce. The second relates to the untimely death of one spouse during the course of the marriage and lays out what that spouse is entitled to inherit following the other’s passing.
Things you may be able to negotiate in a prenup include:
- Businesses
- Investments
- Income
- Real Estate
- Cars
- Clothes
- Jewelry
- Other property
- Various assets
Postnuptial Agreements
Though far less discussed, postnuptial agreements are fairly similar to prenuptial agreements. The key difference is timing. Prenuptial agreements can only be drawn prior to marriage. Postnuptial agreements, conversely, can be drawn any time during the duration of the marriage. Like prenuptial agreements, postnuptial agreements can pertain either to division of assets in the case of a marriage dissolving, or distribution of assets in the case of one partner’s death.
Full Financial Disclosure
Full financial disclosure, also sometimes referred to as “full and frank disclosure,” is the stipulation that both parties must be totally and completely upfront about their assets when entering into a prenuptial or postnuptial agreement. This practice is designed to prevent either party from making fraudulent monetary statements to the other, and to ensure that neither spouse withholds pertinent details about their financial standing.
Don’t Trust Just Anyone With Your Marriage, Call Buckmaster & Ellzey Today
At Buckmaster & Ellzey, we know that issues related to family law can be difficult. You may not want to even think about the possibility of divorce, yet it is important for each party to put themselves in the best financial and legal situation possible when entering a marriage. That’s why our firm provides compassionate and thoughtful counsel, so you are able to be married without any hesitations.
Call (888) 785-6548 to speak to our Daytona Beach lawyers now, and start negotiating the terms of your prenuptial or post-nuptial agreement today.
Full Financial Disclosure
Full financial disclosure, also sometimes referred to as “full and frank disclosure,” is the stipulation that both parties must be totally and completely upfront about their assets when entering into a prenuptial or postnuptial agreement. This practice is designed to prevent either party from making fraudulent monetary statements to the other, and to ensure that neither spouse withholds pertinent details about their financial standing.
Don’t Trust Just Anyone With Your Marriage, Call Buckmaster & Ellzey Today
At Buckmaster & Ellzey, we know that issues related to family law can be difficult. You may not want to even think about the possibility of divorce, yet it is important for each party to put themselves in the best financial and legal situation possible when entering a marriage. That’s why our firm provides compassionate and thoughtful counsel, so you are able to be married without any hesitations.
Call (888) 785-6548 to speak to our Daytona Beach lawyers now, and start negotiating the terms of your prenuptial or post-nuptial agreement today.
Frequently Asked Questions
-
Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
-
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
-
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
-
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
-
What Is the Difference Between Contested and Uncontested Divorce?There are two types of divorce in Daytona Beach: contested and uncontested divorce. An uncontested divorce is typically preferred because they can usually be completed with far less hassle and in far less time. However, to go through the uncontested divorce process, the couple must reach an agreement on all significant divorce-related issues. These issues include: • Property division • Debt allocation • Alimony • Child support • Child custody • Visitation When there is disagreement over one or more of these issues, the couple will need to go through the contested divorce process. In such cases, the couple will either need to hire a divorce mediator to help them through the negotiation process or have the family court decide for them.
Client Testimonials
Read What Our Past Clients Had to Say-
Well-Versed in the Legal Process and Protocols
“He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”
-
They Had My Back
“Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”
-
Diligently and Highly Professionally
“Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”
-
Professional & Responsive
“They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”
-
Gets the Best Results
“Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”
Why Hire B&E?
Here are Five Reasons
-
Client-Focused Representation
-
A Team of Compassionate Advocates on Your Side
-
Former State Prosecutor
-
40+ Years of Collective Experience
-
Dedicated Attorneys