Deltona, FL Divorce Law Firms & Lawyers

A pre-nuptial agreement, also commonly known as a pre-nup, is an agreement made before marriage to resolve issues of support and property division if the marriage later ends in divorce or by the death of a spouse. Pre-nuptial agreements require that it be in writing, signed, and acknowledged by both parties. There are various reasons why people might want a pre-nuptial agreement. One reason might be to protect property that has been in the family for a very long time. Another reason might be when someone is very wealthy and marries someone that is not as wealthy. The pre-nuptial agreement only becomes effective upon the marriage itself. Pre-nuptial agreements may not affect child support or children, so it is impossible to draft an enforceable pre-nuptial agreement to ensure you get custody of your children and the amount of child support that must be paid. The best way to draft a pre-nuptial agreement is to hire an attorney to ensure all the legal requirements are met. A pre-nuptial agreement can be drafted with respect to division of property upon separation, the amount of alimony or spousal support that must be paid, ownership and rights for the death benefit from a life insurance policy, and the making of a will or trust to carry out the provisions of the agreement, as well as any other matter not in violation of public policy or a criminal statute. First, the agreement must be entered into voluntarily, without fraud, duress or overreaching. Next, a full and fair disclosure by both parties as to their financial worth is generally required for the agreement to be valid. The agreement must also be fair and reasonable in its terms. There may be other legal requirements that an attorney can discuss with you prior to finalizing the pre-nuptial agreement.

  Ms. Walker:   Congratulations on your promotion.    The answer is: it depends. First (although this may be obvious) have you spoken to the child's father to see if you can get an agreement about the relocation?  I would think that travel wise-depending on where in Florida the father lives, the distance from his home to North Carolina or Tennessee is not that different.  If that is the case, he may not object to a relocation as he would likely be able to maintain the same time sharing schedule he has now. With that said, to accurately answer this, the first thing an attorney needs to know is what the original Judgment Granting Relocation says.  Does it address anything about a subsequent relocation?  Typically it would not.  The second question is how long have you lived in North Carolina?  If you have been there more than six months then likely, as it pertains to your child, the North Carolina Court may now have jurisdiction over the children.  The short,safe answer is yes, you most likely do have to file a new petition, unless you can get a stipulation from the father, and then, if you do, it should be submitted to the court to be ratified and made an order/judgment of the court.  I would suspect, however, that it may be an easier case to prevail on since your child is already living away from the father.   Good luck to you. Cindy S. Vova  

You need to be able to prove that he had the ability to pay on each date that the support became due in order to hold him in contempt of court. You will need an attorney for this as it subjects your ex-husband to criminal sanctions including jail time and fines.