March 11, 2022
So, you’re about to get married, but you and your partner have decided to get into a prenuptial agreement. There is a certain stigma that swirls around this topic, so you may not be all too familiar with many of its aspects.
Of course, it’s still a perfectly valid agreement to get into before tying the knot. It’s simply in the best interests of you and your partner to figure out the purpose and details of your prenup and what it really entails.
What Is a Prenup?
A prenuptial agreement is basically a legally binding contract between you and your spouse-to-be. It’s mainly a long-term arrangement that outlines how your separate assets will be handled in case of a divorce or death.
Additionally, a prenuptial agreement can ensure that your spouse will not receive any inheritance from your parents or any members from your side of the family, should that be stipulated. So, there are a lot of legal aspects and implications to consider, but it can also be a nice gesture of openness and honesty between you and your partner.
Why You May Want a Prenup
A prenuptial agreement is something that you and your partner should approach with an open mind. It’s also not something you should just jump right into lightly. So, you should take some time to consider your reasons for pursuing it.
There are a few pretty common reasons to consider this route.
One significant reason is to protect the assets you already have. It’s simply good to be aware that the split will be fair and that it will be handled in a way that could benefit both you and your partner.
The other reason is to prevent future assets from entering the marriage. These assets could be inheritances or money that your parents leave you down the line. You might not want that money to go to your spouse or bring any conflict, so it’s a good idea to set some rules and boundaries surrounding these assets.
This agreement will also define the separation of assets from each individual before entering into a marriage. This way, you can more easily distribute funds and responsibilities from earnings in the marriage, separate from the assets you each already have personally.
How Long a Prenup Lasts
There are a few different ways to approach the length of your prenup.
One is to keep the agreement in place for the full duration of your marriage. In this sense, it acts more like a legal document that outlines the goals of your marriage and how everything will be handled.
Another option is to have it expire after a certain amount of time. In this case, you can say you want it to be in effect for a few years or until a certain age or event has been reached. In the end, it’s up to you and your partner to decide how long you want the agreement to last.
Conclusion
Getting married is an exciting and big step. However, you may be wondering whether you and your partner should get a prenuptial agreement in place. Ultimately, it’s up to you and your partner to decide if you want one. If you know the criteria and stipulations that come with it, you can make a more informed decision.
If you’re looking for the top Jacksonville attorneys specializing in family law, reach out to the Dorsey Law firm. With over 35 years of experience, we can provide you with help with your prenup and more. Contact us today at (904) 394-2865 for a consultation.
February 26, 2022
When going through a divorce or separation, it’s not always the most recommended living situation to remain under one roof. That said, it isn’t easy to avoid.
Of course, you must make sure that you are on good enough terms with your former spouse to be living together during the proceedings.
There are a few ways to make the situation better, and lawyers recommend sticking to a few guidelines to keep the peace and prevent any further complications that may affect the process of legal separation.
Align Your Schedules Accordingly
Think about the new schedule and make sure that you can work with your former spouse’s schedule and vice versa. This is especially important if you have children or pets to take care of.
On top of this, you want to ensure that your schedules don’t cause disputes. Whether you prefer to have similar daily itineraries or opposite “shifts” for activities, aligning in the start will help you come up with a compromise and allow the two of you to remain civil as you spend some time together.
Establish Parental Responsibilities
If you have children, always make sure to discuss who will take care of them and when. If you have joint custody, you should always talk about the schedule together before making it a regular thing.
Since you are under one roof, you will want to establish time spent together and tasks needed to care for the children. Cleaning the house, bringing kids to school, making food and feeding them, and other related activities should be considered in a way that’s fair to both parties.
Divide Chores and Tasks
Dividing chores is another essential thing to consider when sharing the same space. Housework can become a source of conflict, especially when one party feels like the others don’t participate enough.
Even if you don’t see it, the other person could feel like they’re getting the brunt of it. Be open to sharing the task to avoid this. When necessary, divide them into more manageable parts. This makes having a common space and remaining roommates a more bearable experience.
Avoid Getting Intimate with Each Other
While it’s easy to understand that it may be your former spouse you’re living with, it can be easy to get too close. This is why it would be best to avoid getting intimate with each other.
Sure, it’s best to remain civil about things. However, you risk your progress if you end up having a physical relationship. This can bring up old wounds, complicate the situation, and deal more damage than intended.
Be Mindful about Dating
It’s best to avoid introducing a new person into the situation. This can cause more issues and can further complicate the situation.
If you date other people upon mutual agreement, try to avoid bringing dates into the house. While it can be done, it is not recommended to start dating other people while you are still undergoing divorce proceedings.
Set a Budget and Allocations
Before you agree to live together, you need to make sure that you’ve settled on a budget. It’s best to draw up a plan for the money and to have a system in place for sharing that. This avoids any financial disputes.
Conclusion
The biggest thing to remember when going through this is to be mindful of the circumstances. Make sure that you are both on the same page about the divorce proceedings and the custody of your children. It will help to avoid adding new things that could lead to unnecessary disputes.
If you need the advice and services of Jacksonville attorneys specializing in family law, contact Dorsey Law JAX.
February 19, 2022
The state of Florida grants a dissolution to married couples who encounter irreconcilable differences. Unlike an annulment, the law does not grant a dissolution if the couple’s marriage was invalid in the first place. The thing is, for the process to qualify as an annulment, the marriage must have been created in error.
If the marriage was not created in error, then there is a need for a divorce.
That being said, if you are considering an annulment, there are some things you will need to remember first. The state of Florida recognizes the following grounds, which we’ll go over in greater detail.
The Grounds for Annulment in Florida
No Consent for Marriage
One of the most common grounds for annulment in Florida is the failure to have consent for marriage. If either of the spouses did not consent to the union for any reason, then the marriage is void. As stated by Florida Statute 741.051(5):
“A marriage is void if the consent of either party was obtained by force, duress, or fraud, or if either party was, in fact, incapable of consenting to the marriage.”
If you can prove that one of your spouse’s reasons for not wanting to be married to you was because of your controlling ways, or that your spouse did not know what they were doing because they were drugged or drunk, then you may be able to rely on the lack of consent for marriage as a reason for annulment.
Mental Incompatibility
Another common ground for annulment in Florida is the mental incompatibility of the couple. This ground is used if one of the spouses entered the marriage because of a mental or emotional disturbance that would have made them incapable of understanding the nature and obligations of marriage.
Mental Illness
Many people experiencing mental illness will not be mentally capable of understanding the nature and obligations of marriage. Thus, in Florida, if one of the spouses is found to have been mentally ill at the time of the wedding, then the marriage will be annulled.
Inability to Consummate the Marriage
If your spouse was incapable of consummating the marriage, then you may be able to claim that the marriage was void. However, this ground for annulment in Florida is only acceptable if the couple’s inability to consummate was due to a physical inability, not a psychological one.
That said, you will need to prove that your spouse was unfaithful, impotent, or had a permanent sexual dysfunction.
Fraud
If one of the spouses was deceived into entering the marriage by the other spouse, they might be able to annul the marriage. The fraud can be intentional or unintentional. If you can prove that your spouse went into the marriage under false pretenses and that they concealed pertinent facts about themselves, then you may have a solid case to prove fraud.
Underage Marriage
Another common ground for annulment in Florida is the marriage between an underage individual and an individual who was of age at the time of the wedding. Since Florida recognizes that minors cannot make the decision, they have made it illegal to do. As stated by Florida Statute 741.06:
“A marriage contracted by a person, male or female, under the age of 18 years is void unless at the time the marriage was contracted, the male or female, respectively, had attained the age of 16 years, and the male or female, respectively, had the consent of his or her parents or guardians, or in the event of the death of either parent, the consent of the surviving parent.”
Conclusion
As you can see, annulments are quite different from divorces. If you are considering an annulment, you need to make sure that there are grounds for it to be processed. You must first ask yourself if you can prove that one or more of these grounds exist in your marriage. Remember to only proceed if there is a valid reason. If the marriage was not entered into in error, you should otherwise consider getting a divorce.
If you are looking for well-trusted attorneys who will help you understand more about annulments in Florida, look no further than our experienced experts here at The Dorsey Law Firm. We are your top Jacksonville attorneys specializing in family law, criminal law, and personal injury. Call us today and let us discuss about your current situation and why you are considering an annulment. We are more than happy to help you out!
