Divorce Lawyers in Miami, FL

Basis for Prenuptial Agreements and Divorce

Recognition of Prenuptial Agreements in Miami, FL

In the past, judges didn’t recognize prenuptial agreements because it was assumed that they corrupted the basis of what a marriage was supposed to stand for.  Today, however, they are recognized in Miami, FL but not always enforced as they are written-- if they are enforced at all.  If a party was coerced into signing a document, the prenuptial agreement will definitely be thrown out.

Conditions of a Prenuptial Agreement in Miami, FL

A prenuptial agreement in Miami, FL must be in writing-- a verbal agreement is not allowed.  This must be a voluntary agreement between both parties and it must be entirely disclosed as a fair document when it is legally executed.  The person must be sober when signing and aware of what they are signing.  This document must also be recognized in front of a notary.  A prenuptial agreement can cause a spouse to waive responsibilities to property, alimony, and more.  It is important they fully understand what they are getting into when they sign it.

Catholicism

A prenuptial agreement is civil law, but Catholicism has something called the Canon Law. Canon Law states that the marriage is invalid if the parties enter into an agreement where the document would be contingent upon circumstances not yet certain, which is the divorce.  Miami, FL will consider Catholicism and a prenuptial agreement if you have been married for some time and you are now considering getting a divorce.

Why Hire a Divorce Attorney?

If you signed a prenuptial agreement years ago because your spouse was doing quite well but you are now the one that is in the good position, he or she may want everything.  You may not really have been aware of what you were signing and now need a Miami, FL attorney to help you gain rights to retain what is rightfully yours in the divorce.

How a Miami, FL Attorney Can Help You

Prenuptial agreements with the courts are considered a civil matter so they can be considered.  If you are Catholic and you have signed an agreement, it may be disregarded.  In some cases, a judge will outright disregard a prenuptial agreement.  However, you must hire a Miami, FL attorney if you have signed a pre-nup and you are getting a divorce.  You don’t want to be stuck in a bad situation, especially if it really isn’t fair that you walk away with nothing at all.  Many situations may include someone signing a pre-nup 20 years before they get a divorce or become widowed.  Other family members may want to step in and kick you out of your home and take everything from you.  An attorney can make sure you are taken care of.

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