What You Come Into The Marriage With You Leave With

by Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, what you come into the marriage with you leave the marriage with even if it is years later…UNLESS you have “commingled” your assets to make them marital.

What this means is if you had a home prior to the marriage and sold that house and used the net proceeds to purchase a new home during the marriage, you would get your initial downpayment back in divorce court, before any remaining net assets are divided between the parties.  Or another example,  if you owned a BMW prior to the marriage, and then during the marriage traded it in for a newer model, and a divorce is imminent, you would be able to leave the marriage with your newer car.

In thinking about divorce, it is best to try to pay off all the marital debt with marital assets prior to filing for divorce.  It is also a good idea prior to the wedding to take stock of what you are bringing into the marriage and how you can keep your pre marital assets outside of the marital estate.   One really great vehicle to accomplish this is the prenuptial agreement which requires financial disclosure.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

Whose Name It’s In Doesn’t Matter In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many of my clients have a misconceptions about whose property is whose when it comes to divorce in Palm Beach County.    For example, a Mercedes Benz was purchased during the marriage with funds from a joint bank account.  The car is titled in the husband’s name only.  Whose car is it in the division of marital assets?  Barring any prenuptial or post nuptial agreement that says otherwise, it is viewed by the court as marital property.  Just because the title is in the husband’s name only, does not mean it belongs solely to the husband.  Ultimately it might go to him in the equitable distribution scheme of the divorce, but it is not necessarily his just because of the title designation.

Another example is the marital home.   Suppose one of the spouses owned the home prior to the marriage, let’s say it’s the wife.  Once the marriage takes place, she refuses to put the home into joint names.    When they get divorced years later, the husband still has an equitable interest in the home from the day of the wedding until the date of the divorce filing even though his name is not on the deed.    For other examples of title interests in divorce law in the state of Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Postnuptial Agreements Have Two Purposes.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are two major reasons for doing a Postnuptial agreement.  First, if done after the wedding, say in the first year of marriage, the postnuptial agreement can reaffirm the prenuptial agreement and all its terms.  It adds a second layer of protection to the prenuptial agreement, making it that much harder to prevail in a challenge down the road.  Postnuptial agreements can also modify prenuptial agreements by changing some of the terms, now that the marriage has taken place.

Postnuptial agreements can also serve as separation agreements where a divorce is not imminent.  It gives the parties a sense of control over separate assets and debts, during a time when the husband and wife may be trying to figure out whether or not to divorce.  Postnuptial agreements can be viewed as separation agreements, or marital settlement agreements should a divorce be filed in the court.

The subject matter of the postnuptial agreement can be anything from asset and debt division to who pays for what household expenses, or what happens to a spouse if he/she gets caught cheating.  They are valid, enforceable agreements if signed under the proper circumstances.  For more information about or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Pre Nuptial Agreements and Divorce…Do They Stick?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice…is my prenuptial agreement enforceable, now that I wish to divorce?  The answer is it depends upon the circumstances in which it was agreed upon.

The initial test is how long before the wedding was the prenuptial agreement negotiated and executed?  If was less than 30 days, there could be a duress claim.

Did both parties have representation by lawyers?  If one party had a lawyer and the other didn’t, there could be an over reaching claim.

Was there truthful and full disclosure of finances on behalf of both parties?  You need to know what rights you are waiving when you waive rights via a prenuptial agreement.  Also, full disclosure avoids a claim of fraud.

Did the parties read, understand and agree to what they were signing with full knowledge and intent to be bound?  Everyone should read and understand what they are agreeing to.

Is there any language barrier?  This goes to the last point of reading and understanding the prenuptial agreement.

If there is any doubt about the above points, a prenuptial agreement can be challenged and perhaps voided.

Prenuptial agreements control what happens to your future.  They are expensive to prepare and sometimes require the expertise of tax advisors and estate planning counsel as well as divorce counsel.  For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

How Do The Wealthy Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

As the expression goes, the rich ARE different…and so are their divorces.   First, there is much more money available to spend on divorce lawyers.  Secondly, there is more to fight over.  Thirdly, spouses have a holier than thou mindset, with the wives being a lot more savvy than the rest of the world’s wives.  That’s  highly likely how they got here in the first place.

But perhaps the biggest difference in divorces amongst the rich, is the prenuptial agreement.  It is generally air tight, often challenged, and to no avail.   If you have assets, or are marrying someone who does, don’t get married without one.

Prenuptial agreements can control almost anything between the parties, from the amount or type of sex the couple will have to who will walk the dog at night.  The  exception is children’s issues.  That is entirely up to the courts.  And based upon the best interests of the child at the specific time.   But for everything else, the prenuptial agreement sets forth the terms of  marriage and divorce up front and without mistake.  And at least 30 days before any wedding.  If you are considering marriage or divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, PA first, at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Prenuptial Agreements and the 30 DAY RULE

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting married for the first time or remarried, if you have assets, it is important to protect them.  That is where the prenuptial agreement can help you, especially if you already have children from another relationship.

The prenuptial agreement predetermines death issues as well as divorce issues.  I work with estate planning counsel and tax advisors to assure clients the protections they require.   This is a highly skilled process and it determines the rest of your life.

I also want to observe the 30 day rule:  the prenuptial agreement must be negotiated, worked out and agreed upon by the fiance, at least 30 days prior to the wedding.  This gives the fiance time to reflect, time to seek independent tax advice and legal counsel without pressure.   If you want more information, come in to see me.  Call 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Divorce and the Prenuptial Agreement

By Robin Roshkind, Esquire, West Palm Beach, Florida

No one goes into a marriage thinking it will end in divorce.  However, where there are substantial assets to protect and perhaps a family from another relationship, a prenuptial agreement anticipates a divorce and prepares the parties for it prior to the marriage.

I have a client who married after living with a woman for three years.  The marriage lasted two.  He came to me and wanted to file for divorce.  The first question I asked was is his wife going to contest the prenup.  He indicated that she was not, and so the divorce would be fairly simple.

Guess what?  He was wrong.  The wife was an immigrant who did not read English very well.  She claimed in her divorce petition that she did not understand what she was signing when she signed the prenup.  They are still in litigation over this. 

I did not prepare the prenuptial agreement but if I had, I would have videotaped the signing of it, making it much more difficult for the wife to play this game. 

The point of this story is that anyone can contest or challenge a prenuptial agreement in a divorce case.  The question is whether or not the challenger will prevail.  The burden of proof requires fraud, over reaching, duress, misrepresentation, shame marriage. 

For more information, or if you are planning a marriage or a divorce in Palm Beach County, Florida call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Marital Settlement Agreements Can Reinforce Prenuptial Agreements.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The easiest divorce I ever did was for a client who came in with a prenuptial agreement that both the husband and the wife  wanted to enforce in their amicable divorce.   Nine years earlier, the prenuptial agreement was negotiated and executed (signed) well in advance of the wedding…both the future bride and future groom had attorneys representing their individual interests, there was full disclosure by both parties, and the agreement was fair under Florida law.    They got married and after 8 years they decided to divorce in a collaborative manner.

They each retained counsel just to be certain that everything would be taken care of.  I was to draft a marital settlement agreement which reaffirmed that the parties wanted to enforce all the terms of the prenuptial agreement.

The petition for dissolution of marriage announced that the parties had executed a marital settlement agreement of divorce and that the marital settlement agreement stated the prenuptial agreeement was to control.  All issues were dealt with in the prenuptial agreement.  The final judgment of divorce referenced these agreements and then all I had to do was set final hearing and attend with my client. 

One key element missing was the fact that this couple had no children between them.  That made upholding the prenuptial agreement and marital settlement agreement so much simpler.  Today, this couple is divorce and still best of friends.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

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