Prenuptial (Antenuptial) Agreements Aren’t Just for the Wealthy

 

Florida is an equitable distribution state, meaning when you file for divorce, the court will divide the assets and liabilities 50/50 unless a party argues for a different distribution percentage.  By having an antenuptial agreement (also known as a prenuptial agreement or “prenup”), parties can determine before they marry how their assets and liabilities will be distributed should a divorce occur.

 

Who needs an Antenuptial Agreement?

·         You have assets such as a home, stock or retirement funds 

·         Own all or part of a business 

·         You may be receiving an inheritance 

·         You have children and/or grandchildren from a previous marriage 

·         One of you is much wealthier than the other 

·         One of you will be supporting the other through college 

·         You have loved ones who need to be taken care of, such as elderly parents

·         You have or are pursuing a degree or license in a potentially lucrative profession such as medicine 

·         You could see a big increase in income because your business is taking off, or that garage band you play in has just gotten a contract with a big record company. 

 

Why have an Antenuptial Agreement?

·         To establish your own rules for property division and avoid potential disagreements in the event of a divorce

·         Save money on attorney’s fees, time spent in court, and reduce the level of emotional distress of divorce court

 

What can an Antenuptial Agreement do for me?

·         Financial disclosure prior to the marriage

·         Protect inheritance to children born before the marriage

·         Protect family heirlooms, antiques other property

·         Protect inherited property you receive during the marriage

·         Distinguish joint and separate property

·         Determine the division of assets and liabilities

·         Protect business owner’s assets

·         Protect self from debts of the other party

·         Various monetary agreements

·         Retirement benefits

·         Bank accounts

·         Bills

·         Taxes

·         Various nonmonetary agreements

·         Personal preferences/duties

·         Pets

 

What can’t an Antenuptial Agreement do?

Cannot dictate child visitation, child support, child custody

 

How do I get an Antenuptial Agreement?

Please contact my office to discuss drafting a valid Antenuptial Agreement to protect your interests.

 

by Jan M. McCray Flemmons, Esq.

Florida Parenting Plan, Part 2: Time Sharing (Effective 10/1/08)

Florida law requires Parenting Plans for all divorcing couples with children starting October 1, 2008. Florida law has a strong public policy to keep both parents in frequent and continuing contact with their children after divorce. In Florida law, parenting issues are divided into three categories: parental responsibility, time sharing and support. This article examines the time sharing section of a parenting plan.

 

The time sharing section of your parenting plan spells out when the children will be with each parent. Many Florida courts currently have “model schedules” for visitation. You can also check the websites of the larger urban areas near you for their models. For example, Miami, Tampa and West Palm Beach all have model schedules, but Orange County and Broward County do not.

 

You will want to read the model schedule for your area for two reasons. First, you will see what a partial parenting plan looks and sounds like. Second, you may decide that the model schedule in your area is appropriate for your family. If so, the timesharing part of your parenting plan is done when you attach a copy of the model to your plan and make reference to it.

 

If the model schedule for your area is not appropriate for your family, you may decide that the model plan can be re-worked for your family. You may also want to do an online search and look at some time sharing schedules from other areas of the country. Just be sure to include all the plan sections that Florida requires.

 

As for time sharing with your children, think about how these items should work for your family:

 

Transitions – Pick up and Drop Off – Which of you is driving? If you use school as the transition point, what happens when school is not in session?

 

Holidays and Special Occasions – Will these days be treated differently than the usual time sharing and have a separate schedule? Are school holidays that are not public holidays included in this part? How will both parents receive notice of special school events?

 

Transfer of Belongings – Will toys, clothes, backpacks and other property of the children transfer between homes (if so, how and when) or will both parents have these items? What happens if a needed item is not transferred?

 

Right of First Refusal – If the other parent cannot personally attend to the children in that parent’s designated time sharing period (due to illness, travel, etc), does the other parent have the right of first refusal? How long a period must it be before the right of first refusal applies – overnight, four hours, 24 hours?

 

Notice of Whereabouts – When does information have to be provided to the other parent if the children will not be at the usual location? When and how will the other parent be notified? This could include leaving the county, being out-of-county overnight, leaving the state, etc.

 

When developing your parenting plan, it is often helpful to see the proposed schedule on a calendar. There are many different software programs for dividing parenting time. One of the least expensive programs provides excellent color-coded calendars that let you see what various schedules looks like. So, for example, if the parents designate birthdays as a special occasion days in the parenting plan and everyone’s birthday is in May or June, you can see how that looks when combined with Memorial Day, Mother’s Day and Father’s Day. And, depending on your rotation schedule, holidays may not need to be designated separately when you see your regular schedule on the calendar.

 

So start with a model schedule to see if it meets your family’s needs. If it does not, can it be re-worked to meet them? Is there another model schedule (or re-work of one) that meets the needs of your family? If not, you will need to write down the details of how and when each parent will spend time with the children for your Florida parenting plan.

Source:  Pamela S. Wynn, Esq.

Florida Parenting Plan, Part 1: Parental Responsibility (Effective 10/1/08)

Florida divorce law requires Parenting Plans for all divorcing couples with children starting October 1, 2008. Florida law has had a strong public policy about children and divorce for several decades. As Chapter 61 of the Florida Statutes states:

It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys of childrearing.

Florida law divides parenting issues into three categories: parental responsibility, time sharing and support. This articles examines the decision-making section of a parenting plan.

First, the law requires divorced parents share parental responsibility for their child after divorce, unless shared responsibility is detrimental to the child. The goal is to keep both parents involved in the life of the child.

Shared parental responsibility means that both parents discuss and decide major decisions affecting the child. These are the decisions that have long-term consequences in your child’s life. Some examples involve the choice of:

• school
• child care facility
• camps
• doctors
• psychotherapy
• surgery
• other long-term medical treatment
• sports and other out-of-school activities
• trips and passports

 

For an older child it means making decisions about issues like part-time employment, driving, buying a car, dropping out of school, and college education. As your child gets older, consider having a joint discussion on these issues with your child. Of course, the child should never be responsible for any final decision.    

Some additional decision-making areas to consider in your parenting plan include: 

• Transportation – How do the gets get between homes? Where is the exchange point? What are the details of transportation between the two homes? Who is driving? What time? If you use the school as the exchange point, what happens when school is not in session?      
• Relocation – Under what circumstances will the custodial parent be able to move away with the child? (If you do not decide this now, you will have to follow the procedures of Fla. Statute 61.13001.)   
• Education – Who will attend school conferences and how will parents receive notice? How will each parent receive other school information? How will extra school or tutoring fees be divided? Will private school tuition be paid and for how long? Although not required, do you both agree to cover college costs for your child? If so, what is included in “college costs?”   
• Religious Affiliation and Training – Is there agreement to raise the children in a specific faith? How will the costs associated with religious affiliation and education be paid? What is the transportation plan? Are you both agreeing that the child will attend certain religious events or education, regardless of whose parenting time is used? Will these decisions be delegated to the parent who feels this area is more important? If so, will that affect the cost sharing in any way?
• Emergencies – What is the time frame for notifying the other parent? What authority does the parent who has the child have to consent to treatment?
• Make-up Time – If one of you is unable to exercise time sharing with the children, under what circumstances will there be make-up time?
• Recreational Activities & Vacations – How will the costs associated with activities be paid? What is the transportation plan? Are you both agreeing that the child will attend certain activities, regardless of whose parenting time is used? Will these decisions be delegated to the parent who feels this area is more important? If so, will that affect the cost sharing in any way? When will vacation plan be made? Will the children have passports? Which of you will hold the passports? How and when will the other parent get the passports if needed for vacation?

Parents may want to divide up the areas, each taking responsibility for certain ones. Some parents prefer to meet and discuss all issues together and reach a joint decision. Others may allow one parent to make the decisions and inform the other parent.

There are no set rules for shared decision making, but the new law requires a description of how the parents will share the daily tasks of child upbringing and time sharing with each parent. It must also describe who is responsible for health care, school matters and activities and what communication methods the parents will use to contact the children.

Parents’ post-divorce decision making process is often the same type of process they had during the marriage. When developing a parenting plan, consider how the decisions have been made in the past and what changes may be needed to that process now that the parents will live apart. Starting October 1, 2008, you must describe the decision making process your family will use in your Florida parenting plan. 

Source:  Pamela S. Wynn, Esq.