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Popular Articles

Give Yourself Options

David Dunkel and his ex-wife, Maureen Daly, were in court fighting over how much stock Mr. Dunkel must transfer to his ex-wife. According to the Tampa Bay Business Journal, there were three possible outcomes to this courtroom drama.

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You Can Never Go Home Again… Can You?

When my daughter left for college, I was relieved. Her last two years in high school had been excruciating. She tended to take the opposing position to anything I said, in painful contrast to the child she had been, when, among other lovely habits.

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Collaborative Life Planning

In the midst of pandemic lockdown, it feels as if the world is ending, and yet, the most stressful part of my life is scrolling through my Instagram feed. It seems as if a new celebrity break-up is announced every day. These are people I care about!

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Post-Nuptial Agreements

Post-Nuptial Agreements in Tampa

A post-nuptial agreement is a written agreement executed after a couple gets married to settle the couple’s affairs and assets in the event of a divorce. Most divorces end when the parties enter into a marital settlement agreement that is entered by the court into a final judgment of divorce. A full post-nuptial agreement may include resolution of timesharing, parental responsibility, equitable distribution, alimony, child support, and attorney fees. Even if a divorcing couple is unable to agree on all of these matters, they may enter into partial agreements regarding the issues on which they can agree. Only the remaining issues are tried in court. While post-nuptial agreements are most often used when a couple is divorcing, happy couples may also enter into them after they are married but before any issues arise so that in case they do decide to end their marriage one day, they know what will happen.

Post-Nuptial Agreements Solutions

Whether you are in the midst of a divorce, or a happy couple who just want to plan for the possibility of divorce, Open Palm Law can help you negotiate and draft your post-nuptial agreement.

FAQs for Post-Nuptial Agreements

Yes. You may enter into a partial agreement regarding all the issues on which you have agreed and leaving the rest of the agreements for the judge to decide. The fewer issues that you have to try in court, the less money that you will spend.

Yes. Just like a prenuptial agreement, parties can enter into a post-nuptial agreement even if they are not planning to divorce.

If you are contributing financially in other ways, you may be able to negotiate for lower child support. But the courts view child support as the right of the child and not for the parents to negotiate. Therefore, in most instances, child support should be pursuant to the guidelines.

Yes. The most common reason for a judge to not agree to enter a post-nuptial agreement in a divorce is if child support is not pursuant to the guidelines. But the judge may also do so if the agreement is not in the best interests of the child. For example, if the timesharing agreement is not working or the parties can’t make decisions together, the judge may decide not to enter the agreement.