A Walk To Remember: The World Of Prenuptial, Postnuptial & Cohabitation Agreements In Florida

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Course Description

This program was recorded on December 6th, 2018

We all grow up with the illusion that love leads to marriage and everyone lives happily ever after, however, that is far from the truth. At least 42% of marriages will end up in divorce. The divorce rate is higher for second and subsequent marriages. Money and communication are the two of the top three reasons people get divorced. Therefore, it is important to plan for possible scenarios in the future so that everyone is protected which can provide peace of mind. Marriage and cohabitation are wonderful but it also difficult. It is important to have level-headed discussions about what might happen if your feelings change in the future now, when both of you are on the same team and truly want what is best for each other. That is why it is important to have a premarital agreement or cohabitation agreement in place prior to marriage or residing together. Even if you do not have an agreement prior to marriage you can still enter into a prenuptial agreement after you get married and this course will walk you through all three.



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  • Michelle Hutt
    Michelle Hutt is a seasoned Florida Family Law attorney with over ten years of experience. For the last four years, Ms. Hutt has been listed as a Rising Star by Super Lawyers. Thomson Reuters’ Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Ms. Hutt received her bachelor's degree in English literature from the University of South Florida and graduated from Stetson University College of Law. Ms. Hutt was in private practice since graduating law school until January 2018, when she opened her own boutique law firm. Ms. Hutt's personal goal is to help families navigate through the various family law matters that arise within their lives.

    Contact Michelle Hutt
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    1. INTRODUCTION: Overview
    2. What is Prenuptial Agreement? (aka premarital agreement and an antenuptial agreement)
    3. What is a Post Nuptial Agreement?
    4. PRENUPTIAL AGREEMENT
    5. What is the Uniform Premarital Agreement Act (UPAA)?
    6. What states are governed by the UPAA? Is Florida one of them?
    7. Florida Statute 61.079- “Premarital Agreements”
    8. The conception and execution of a Premarital Agreement
    9. What can and cannot be protected in a Premarital Agreement
      1. Example
        1. Timesharing
        2. Child support
        3. Custody of pets
        4. Alimony
        5. Distribution of assets and liabilities
        6. Payment of Attorney fees and costs
      2. Enforceability of premarital agreements
        1. Famous celebrities and their premarital agreements
        2. Pitfalls to avoid in drafting premarital agreements
    10. Helpful tips
    11. Sample Premarital Agreement
    12. POST NUPTIAL AGREEMENT
      1. How is it different then a premarital agreement?
      2. Is it governed under UPAA?
      3. Why do couples enter into post nuptial agreements?
      4. What can and cannot be included in a post nuptial agreement?
      5. What consideration is required for a post nuptial agreement?
      6. How is a post nuptial agreement upheld in Florida?
      7. How can a post nuptial agreement be voided?
    13. COHABITATION AGREEMENTS
      1. Why are they important between unmarried couples living together?
      2. What can and cannot be included?
      3. Are they enforceable in Florida even though Florida does not legally permit cohabitation?
      4. Benefits of a cohabitation agreement?
    14. HOW TO EXPLAIN TO YOUR CLIENT’S THE BENEFITS OF A PREMARITAL; POST NUPTIAL AND COHABITATION AGREEMENT
      1. How can your client best approach these subjects with their significant other?
      2. How do you overcome the attorney client privilege if both parties want to meet with you?
      3. Tips on how to make the process less adversarial

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