Prenuptial and Postnuptial Agreements
Marriage, in many respects, is like a partnership and the identification of responsibilities between the parties can be a way to develop and maintain the separate property of one of the spouses, especially when one of the partners to the relationship has substantially less assets than the other. Services in this area of the law including the drafting of agreements, negotiating with the other partner’s counsel and counseling clients who wishes to remain abreast of the latest developments in the law in this area.
Faced with the expenses involved with divorce some couples realize that the mediation process affords them an opportunity to reach a better solution than a contested divorce proceeding. Have been trained as a mediator and arbitrator with extensive experience in matrimonial and family law this expertise can be used to reduce the cost of the divorce process. A mediator is an impartial professional that does not “take sides” in the process of conflict resolution, rather, it is the mediator’s job to encourage communication and to help the parties to a dispute to understand the position of the other and to see if it is possible to come to a mutual agreement that is satisfactory to both partners.
At some time during the breakdown of a marriage you and your spouse may realize that the your marriage is headed for divorce. Rather than fighting you both may decide to negotiate a settlement of some or all of the aspects of your marriage that touch your lives and, in some cases, the lives of others. You may decide to have a separation agreement created so that your legal entitlements and obligations may be better defined. It may be possible to have your divorce concluded on amicable grounds if both you and your spouse can agree on these matters without judicial intervention.
Perhaps the central issue in the breakup of a marriage is the question of the grounds for divorce. As Florida is a fault based state it is necessary, often to the chagrin of the parties involved, to find a fault that can be used to obtain a divorce. We can counsel you on this often misunderstood area of the law and are knowledgeable regarding the immigration consequences of separation and divorce for immigrants who may be concerned with the effect, if any, divorce may have on one’s immigration status. Please visit our uncontested divorce page if you are interested in filing for an uncontested divorce with the assistance of our firm. For information on divorce law basics click here.
Custody and Visitation
To some, children are the most important aspect of marriage. Your concern for the well being of your children is, no doubt, uppermost in your mind, working out an arrangement with your spouse so that the children have access to the other spouse and gain the advantage of a healthy relationship with the non-custodial parent as is possible in the circumstances.
As marriage is a partnership there are often assets and liabilities that have developed out of the marriage and the question naturally arises which spouse will receive which asset or portion of which asset. Connected with these concerns there are questions related to the income producing potential of the other spouse such as the increased earning capacity that may have developed during the marriage to the benefit of one spouse and the potential detriment of the other spouse.
In some cases one of the spouses may face difficulty re-entering the workplace or may need support. In these cases it may be possible either through negotiation or by judicial intervention to insure your entitlements so that the transition from married life is not traumatic and disruptive to your basic life needs.
Child support and the issues raised both for the custodial and non-custodial parent are of significant importance as a child support obligation can last for many years depending on the age of the child and even a small change in child support may have a significant impact upon the well being of the child and the environment that she or he finds himself with the custodial parent. We can advise you on the courses of action that can be taken regarding the establishment of a child support order and the modification of an existing order due to changed circumstances.
Today we find many couples who have not entered into the bonds of matrimony facing the same problems that married couples face upon the breakup of their relations. We can help you determine your rights and aggressively protect them throughout the negotiation of your breakup.
All matrimonial representation is subject to our standard matrimonial terms as required in the OCA’s Statement of Client’s Rights and Responsibilities.