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Broward County Divorce Law Blog

Dividing assets during divorce settlement negotiations

It's holiday season, and that might mean that you've finally reached a boiling point with your divorce. Stress isn't uncommon, and it can be downright difficult to talk about dividing your assets when you're trying to plan for the holidays.

At this point, you can decide to wait until after the holidays to move forward or work through your settlement as you push through the winter months. Either way, you need to understand how assets get divided during divorce, so you can smartly negotiate.

Why should you consider a prenuptial agreement?

Should you get a prenuptial agreement? It's an age-old question, and many people feel it signifies that they don't trust their significant others. The fact is that a well-drafted prenuptial agreement doesn't only benefit one party.

Both spouses benefit when assets are protected, and a prenup can set up rules for the relationship and even define what happens in the event of a divorce.

Reducing holiday stress starts with good planning

The holidays are approaching, and it can be a difficult time for those going through a divorce or who have already divorced. Fortunately, there are a few things you can do to keep your holidays happy. For instance, you should already know where your children will be spending the holidays, what times they're expected at your ex's house and when you can expect to have them. You can review your child custody terms with your attorney if they aren't clear so that you and your ex can determine an agreement for the holidays.

If you want to make your kids a little happier and put them at ease, create a holiday schedule that they can read. Put it on a refrigerator or in another obvious place so they know exactly what's happening over the holidays. Kids get anxious too, so this can help reduce stress all around. Both you and your ex should be familiar with the schedule so that there are no surprises.

5 reasons your prenuptial agreement might get thrown out

A premarital agreement, when created legally, stands up in court very well. There are situations when a prenuptial agreement can become invalid, though. Here are five of the most common reasons and ways to avoid them.

First, if you have no written agreement, then the agreement is not enforceable. You must have a premarital agreement in writing to be able to enforce it in a court.

Father accused of abusive religious talk with his children

Families share their religions with one another, and it's possible for it to be educational and inviting for children. When a parent begins to use religion against children or an ex-husband or ex-wife, that's when it becomes a problem.

A father has been accused of sharing overzealous religious talk with his children to the point that it has been considered abusive by his ex-wife. An Oct. 26 report from the Florida Record states that the man's ex-wife claims he gave up his right to religious freedom when it started to emotionally damage his three children and that he should not be able to speak to them about religion in the way he has been.

Dividing property: The factors that play a role

If you're about to go through a divorce, you must understand how your assets will be divided. Dividing up your property can be difficult, and if you are emotionally attached to any of the items, then your partner could use this to his or her advantage. It's important to take the emotion out of this process. Dividing your assets is a business arrangement and nothing more.

Even in the most amicable of situations, it can be difficult to determine who should receive what from your marriage. The first step is to determine which assets you have and which are actually marital property. Property that you owned before your marriage, inheritances and other exempt assets may not be divided in divorce depending on how the court rules.

Prevent a public divorce through collaborative divorce help

As you may or may not know, it is public record when you get a divorce. Anything you file against your spouse could become public, and the same is true about anything he or she files against you.

What kind of things might show up on a public record?

What do you need to do to divide your assets?

If you are in a marriage with a high number of assets and are considering a divorce, there are some steps you can take to protect yourself and make sure you get the most out of your marriage. The first step is to start preparing for negotiations.

Start by writing down all your family assets. You'll need to determine the value and ownership of each item including real estate, investment accounts, retirement plans, pensions and other assets. You'll need to know the cost basis of each item if you want to be able to negotiate during the divorce; by knowing the cost, you can be sure you're getting a fair cut.

The pros and cons of a prenuptial agreement

There are pros and cons to a prenuptial agreement, though some argue there are more positives. When it comes down to it, marriage is not just a romantic notion; it's a business relationship that you have to take responsibility for. A prenuptial agreement gives you the chance to acknowledge and protect your assets and financial interests.

What are the positives of a prenuptial agreement?

Getting your assets appraised is good for property division

When you have personal property to protect, there are four different things that can affect it. Disasters, like natural disasters, debt, your death and divorce can all impact what happens to assets you've accrued over time. It might be hard to avoid all the things that can affect your assets, but divorce is one of the few you have control over.

If you don't have a prenuptial agreement, then anything that you acquire during a marriage could be divided upon divorce. Depending on your case, that might mean that you're looking to lose or gain a great deal depending on the outcome of your settlement and court dates.

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