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March 2013 Archives

Preparing for a divorce

According to a matrimonial attorney, March is one of the busiest times of the year for divorces. People who live in Florida may receive bonuses or tax returns during this time of year that make them decide it is time to move on. Before someone files for divorce, there are some steps that they should take to put them in a better financial situation and prepare them for the legal process. Having records of bank accounts, tax filings and credit card statements can help individuals build an argument for keeping certain assets or the need for child support and alimony. Therefore, gathering financial paperwork is one of the most important steps when someone is considering ending their marriage. Some credit companies will even break down types of spending, allowing people to show who charged what and when.

Bill against Sharia law makes its way through Senate

If passed, new Florida legislation could keep the courts from deferring to foreign laws such as Sharia law when they make legal decisions. This could impact the handling of several aspects of family law especially divorce, remarriage, child custody and inheritance. SB 58, as the bill is known, effectively seeks to elevate Florida law above foreign law. In 2012, the bill was approved by the House but not by the Senate. This time, the legislation is still making its way through the Senate and then must go to the House. A state senator and state representative co-sponsored the bill and insisted that it is not directed against Islam but rather that its purpose is to concentrate on the constitutional rights of Florida residents.
Opponents say the bills address problems that don't exist. Oklahoma voted a similar amendment into legislation that was later overturned, and South Dakota recently approved such a law.

Focus on prenups, postnuptial agreements: ensuring enforceability

For a number of very logical -- and often compelling -- reasons, increasingly more couples in Florida and across the United States have been executing both prenuptial agreements and postmarital contracts in recent years.

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