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Category Archives: Prenuptial Agreements

Prenup13

Prenuptial Agreements For The 99 Percent

By Schwartz | White |

Several recent celebrity divorce news stories have mentioned prenuptial agreements; for example, Kim Kardashian and Kanye West famously signed a prenup in which they agreed that their business earnings would be separate property.  Whereas the old generation tended to associate prenuptial agreements with couples where the parties were vastly unequal in age and wealth,… Read More »

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Prenup16

Postnuptial Agreements Can Prevent Conflict In Marriage And Divorce

By Schwartz | White |

The biggest factor that predicts that a couple will sign a prenuptial agreement is not a lack of commitment to the marriage; rather, it is the fact that one or both parties have complex financial entanglements that predate the marriage.  Setting down in writing what the new spouse’s relationship will be to any of… Read More »

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Prenup14

Can Postnuptial Agreements Prevent Divorce?

By Schwartz | White |

Most divorced people can think of something they wish they had done differently in their marriage.  Some wish that they had made more time to spend with their spouse and children, while others wish that they had been better at setting boundaries with their in-laws and their own extended families.  Conflicts over finances are… Read More »

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Loophole

Beware Of Loopholes In Prenuptial Agreements

By Schwartz | White |

If you and your fiancé can talk calmly about prenuptial agreements, that bodes well for the prognosis of your marriage.  If you can easily agree on what you want the terms of the prenup to be, or even just on what your motivations are for signing the prenup, that is even better.  At their… Read More »

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Prenup15

Beware Of Sneaky Postnuptial Agreements

By Schwartz | White |

Prenuptial agreements and postnuptial agreements can make divorce cases a lot simpler, but only if both parties play by the rules.  The court has the discretion not to enforce a prenup or a postnup if it determines that one party coerced the other into signing it (such as by threatening to cancel your immigration… Read More »

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Prenup10

If You Reviewed Your Prenuptial Agreement With A Lawyer Before You Signed It, The Agreement Is Probably Valid

By Schwartz | White |

Florida’s equitable distribution laws, where the court divides marital assets in the fairest possible way, but not exactly equally, enable the courts to decide, on a case-by-case basis, what is fair for each couple.  In practice, the court is not usually the one that decides.  Most couples agree on how to distribute their property… Read More »

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Prenup12

The Perils Of Vaguely Worded Prenuptial Agreements

By Schwartz | White |

The best prenuptial agreements reflect such a carefully considered resolution about the finances of the parties, as a couple and as individuals, that they can not only prevent divorce but also reduce conflicts during probate after the parties have stayed together for the rest of their lives.  Satisfactory prenups may not prevent divorce, but… Read More »

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Prenup16

Prenup Remorse: Can You Get Out Of A Prenuptial Agreement Once You Have Signed It?

By Schwartz | White |

You have heard of people getting cold feet before a wedding, but what if you are 100 percent sure you want to be with your spouse, but you have misgivings about your prenuptial agreement?  Are prenuptial agreements set in stone?  One of the purposes of a prenuptial agreement is to stop conflicts about finances… Read More »

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Prenup6

The Prenuptial Agreement Is Invalid If Your Spouse Lied to You About United States Law to Pressure You into Signing

By Schwartz | White |

In prenuptial agreements, couples have great flexibility to make decisions about marital and non-marital assets and debts, about inheritance, and about spousal support, albeit not about children.  If you and your spouse divorce, the court will enforce the terms of your prenuptial agreement unless it has a reason not to.  Prenuptial agreements are invalid… Read More »

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Prenup12

The Future of Prenuptial Agreements in Florida: Courts Say Yes to Pet Nups and No to Baby Nups

By Schwartz | White |

Prenuptial agreements are becoming more widespread, especially among younger couples, and their provisions and applications are becoming more diverse.  The media stereotype of a prenuptial agreement involves a wealthy man with at least one divorce in his past marrying a younger woman and signing a prenuptial agreement specifying the maximum amount of spousal support… Read More »

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