Divorce Now, Settle Later…It is possible!

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County divorce cases, it is possible to file for and get a divorce decree, and then to settle all the property issues at another and later time.  This is done by a divorce lawyer by filing a motion to bifurcate the case and the court subsequently entering an order approving a bifurcation.

Why would someone want to divorce now and settle up later?  One reason would be to not have other divorce issues be held hostage by the divorce itself.  For example, if a party is going for full custody of a child, by bifurcating the matter to settle the custody issue first, the other party cannot “trade” custody for some other marital asset.  Another reason to bifurcate and get the divorce first, is to remarry.  If there is a baby on the way, for example, a party may want to be free to remarry before the birth.  Since division of assets and debts may take some time in litigation, and with evidence needed, at least the divorce is granted so the party is free to remarry.  

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 http://www.familylawwpb.com for more information.

 

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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.

Remarrying Your X!

By Robin Roshkind, Esquire, West Palm Beach, Florida

You suffered through some unhappy years of marriage…you’ve been to marriage counseling, and therapy on your own…you’ve survived your divorce and lived as a single or  a single parent…now you want to reconcile with your ex and your ex spouse agrees.

Some might say that that is a stupid thing to do, but in my practice of more than 12 years, I have seen it 5 times! With marital settlement agreements in place from the divorce, and all property and debts divided, it is starting over.

The terms of divorce stay in place.  What may be a new experience is the prenuptial agreement you should have with your now ex spouse JUST IN CASE it happens again.  Don’t remarry without one.  It gives both of you some certainty and an insurance policy of sorts. 

People grow through experiences.  Sometimes you realize what you had and what you lost.  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 for more information.

Why Prenuptial Agreements Are Expensive And Worth It

By Robin Roshkind, Esquire, West Palm Beach, Florida

Congratulations! You are getting married.  If you are over the age of 30 you probably have your own assets and debts.  To assure  that your hard earned assets are not lost in a quickie marriage, the first rule of thumb is to keep your assets entirely separate.  That means, don’t use any of it for marital purpose, don’t put your hard earned cash into joint bank accounts, and don’t commingle your funds in any way for joint purchases.   Or if you do, you need to realize that investment is joint and marital.  It will be at issue if you divorce later.  Fully disclose in your prenuptial agreement what  you are going into the marriage with.  That way if you leave the marriage, your assets go with you, unless otherwise intended.

As far as debts are concerned, you need to know what your bride or groom’s credit score is.  You need to be released or held harmless from this beloved’s premarital debts.  In that way, your assets are protected and you are not responsible for your spouse’s debts.

Because premarital agreements deal with the potential for divorce, it is important to realize how extensive the protections can be.  A bride or groom who is waiving marital rights, needs to know what they  waiving in order for that waiver to be valid and enforceable down the road.

Anti-nuptial agreements also deal with death of a spouse and protection for the surviving spouse.  However, it is important to remember, a prenup is NOT a testamentary document.  It does not replace a will or trust document.  Sometimes I engage the expertise of  an estate planning lawyer to assist me with the drafting of death provisions of a prenup.

Also, there are tax implications of any property distribution scheme, or division of assets, so a tax advisor is recommended to work us as well.

In addition to the experts that may be required in the drafting of your prenuptial agreement, we also use videographers to record the actual execution of the document.   The importance of this is to assure that the parties are entering into the contract free of duress, over reaching, fraud or misunderstanding or even sometimes a language barrier.   Any breach here, and your prenuptial agreement can voidable even years later.

If done properly, prenuptial agreements are generally upheld when challenged in court.   Budget  about $10,000 or more, depending upon the complexity of your estate.  This is your future that is at stake, so remember, you get what you pay for.  Don’t be penny wise and pound foolish by hiring an attorney who will cut corners to keep the price down.  That is definitely not in your best interests.