Marital Settlement Agreement
The uncontested divorce is the best way to keep legal fees low. The key to this will be the marital settlement agreement (MSA). How this document is formulated will depend on whether or not there are minor/dependent children involved (or if the wife is pregnant), if there is marital property, or if the divorce is only partially contested.
When used effectively, mediation, negotiation and alternative dispute resolution can all help parties streamline their divorce and create the settlement agreement best suited to their situation. However, men should be careful not to use "Boilerplate" MSA templates, especially when determining time-sharing. All cases are unique and an MSA not tailored to a man's specific circumstances could prove troublesome down the line.
Most things not agreed upon in the MSA will be decided upon in court, and this is where the legal fees can start to mount. Once ratified by the court, the MSA becomes final and is difficult to modify.
Prenuptial Agreement
Traditionally, there seems to be a negative connotation associated with the term “prenup.” However, as the tradition of marriage has degraded over time, so too has the notion of obtaining a prenup. Most modern men simply want to establish some level of certainty when it comes to their long-term financial future.
For example, if a man has a business and wants to keep it separate from his marriage, then a prenup may be the solution. Or if a man has children from a previous relationship, then a prenup would be a way for him to secure their inheritance. It can also address whether or not he will have to pay alimony upon divorce. Given the current divorce rates and antiquated alimony laws in Florida, this could prove smart down the road.
But a prenup is not all-inclusive. In Florida, prenuptial agreements may not predetermine child custody or the amount of child support.
In order to create an enforceable prenuptial agreement, men should consult an attorney, as there are many steps that must be taken in order to ensure it cannot be successfully challenged. Such steps include fair and reasonable financial disclosures, the written and signed waiver thereof, or the absence of coercion and duress.
For example, demanding a woman sign a prenuptial agreement over cancelling the wedding on the day of, after her family has traveled to attend, could possibly constitute duress and be a valid defense.
Post-Nuptial Agreement
Similar in design and execution to postnuptial agreements, except done after entering into a valid marriage.
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