Back To Divorce and Family Law Video Help Page
Back To Divorce and Family Law Video Help Page
One of the ways that people try to lower the cost of divorce is by getting a prenup. As mentioned in the above video, prenups can be quite beneficial when one person entering into a marriage has extensive assets and the other person has very little. There are also other situations where getting a prenup may be the right way to go.
We also need to look at the other side of the equation. Some people think that once they sign that prenup and turn it in, they are completely in the clear and their potentially future ex won’t be able to take any more than they have agreed to. They even put in specific clauses trying to account for a variety of situations.
Yet it does not always work that way. There is another reality about prenups – just because a stipulation is in the paperwork does not mean it is enforceable, and there are some things that you just can’t cover. Plus, as any good Orlando divorce lawyer will tell you, the cost of divorce is not always about money.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Cost of Divorce: What Prenups Can’t Do
The most important things a prenuptial agreement cannot cover or determine are child custody (time sharing) and child support. Florida law views custody and child support to be the rights of the child and these determinations must be made in the child’s best interest. A decision on custody or child support must be approved by the court at the time of divorce, and is a cost of divorce that cannot be anticipated beforehand.
There is also a movement right now for people to try to include “lifestyle” clauses in the prenup in their efforts to lessen the cost of divorce. Everything from a refusal of money if one partner cheats on the other, to changes that come into effect such as if there is significant weight gain or if one partner is a poor housekeeper. Such provisions become hard to prove and may be against public policy, resulting in unenforceable contracts.
Carefully Consider the Cost of Divorce and Prenups under Florida Law
To ensure your prenup is enforceable, it is important to consult with an Orlando divorce lawyer before going through with the process. An experienced attorney will know the language necessary to draft a valid prenup that can be defended in court, and will be well-versed on the various outcomes of case law regarding the interpretation of prenuptial agreements.
You need to know the various ways that a prenup would be helpful to you and whether or not it fits your particular set of circumstances. Perhaps there are methods other than a prenup that can assuage your fears about the cost of divorce.
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