Will My Prenup Govern My Divorce?
Prenuptials are binding agreements that you and your spouse agreed upon before your marriage. You might be surprised to learn, though, that a judge can decide whether or not a prenup comes into play in your divorce case. For better or worse, your prenup may or may not govern your divorce. Whether or not a judge sets aside/invalidates a Florida Prenuptial Agreement could be the difference between one person leaving the marriage with nothing or with millions, so disputes over the validity of prenuptial agreements are more likely to be litigated and go to trial than most other issues that arise in divorce cases.
INVOLVED BUT NOT OVERBEARING
When are prenups invalidated?
In Florida and most jurisdictions, judges operate under some version of the Uniform Premarital Agreement Act. It stipulates that a prenuptial agreement will not be enforced if any of the following are proven:
1.
Either spouse did not voluntarily sign the agreement.
PARENT-TEACHER ETIQUETTE TO SUPPORT YOUR CHILD’S DEVELOPMENT
2. The agreement was the “product” of fraud, duress, coercion, or overreaching.
Helicopter parents are the bane of every teacher’s existence. With the return of back- to-school season, it’s vital to find a happy medium between the tiger mom who bares her teeth at the smallest setback in her child’s schooling and the laissez-faire parent who is totally disengaged from their kid’s education. Here are a few tips to keep you involved in your child’s educational development while fostering relationships with their teachers in a way that won’t drive all of you up the wall. 1. BE A LITTLE EMPATHETIC. Teachers are some of the hardest-working people in the world, wrangling the disparate needs of around 25 children day in and day out while attempting to get them to actually learn something. It’s a high-stress, low-paying job. In the midst of grading 300 research papers written by 12-year-olds, the last thing they need is the added pressure of concerned parents bearing down on them. If you can approach a teacher from a position of understanding and be willing to give them the benefit of the doubt, you’ll be off to a good start. 2. SHOW UP AND KEEP AN OPEN MIND. Ask any teacher in the country, and they’ll undoubtedly tell you that one of the best predictors of a child’s success is whether or not their parents make an appearance at parent-teacher conferences. Your engagement should go beyond that. Use the teacher’s preferred method of communication to stay in semi-regular contact with them — always ensuring that you keep an open mind about any praise, suggestions, or concerns they have about your child. 3. TEACH YOUR CHILD TO TAKE RESPONSIBILITY. Aside from leaving your kid completely to their own devices, one of the worst things you can do is swoop in to solve their problems for them at the slightest hint of adversity. Maybe that D your kid got on their algebra test really was their fault. It’s important to acknowledge your child’s missteps, but you should also try to equip them with the tools necessary to advocate for themselves. Learning to articulate what’s going wrong or what they need from their teacher will help them to develop positive and effective communication skills. The key is to work together with your child’s teacher without being overbearing. Don’t come in with guns blazing at the first sign of an educational slip. Think of your kid’s schooling as a collaborative effort — maybe one in which you’re a little less involved than the teacher — and you’ll be giving your child the best chance of success.
Is your friend or client in need of a guide as they prepare for divorce? our divorce strategy book can help! Did you know that in addition to free copies of our “My Best Divorce” book, we offer a complimentary membership to our My Best Divorce course? It includes a video/audio course that will help you understand the process and give you the details you need to know for the Best Divorce. Visit brucepa.com/join-free-membership to learn more. 3. The agreement was “unconscionable” when signed, and before the agreement was signed, there wasn’t adequate exchange of financial disclosure or knowledge of the other spouse’s finances. For prenups signed before 2007, a different framework applies in Florida that makes it easier to invalidate the agreement. Also, some jurisdictions will not recognize a prenuptial agreement if the conduct of the spouses during marriage indicates that they chose to abandon the agreement. The issue of whether or not Florida prenuptial agreements are enforced or invalidated requires fact-intensive analytics. That’s why it’s important to work with an experienced attorney to help you navigate this process. Turn to the trusted team at Bruce Law Firm. They are there to help. They’ve also provided free resources to guide you through the divorce process.
The book can be downloaded for FREE at GetOrganizedForDivorce.com.
If your friend or client lives in the South Florida area, we will mail them a hard copy of the book upon request.
2 • BrucePA.com
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