Recent Posts in Marital Contracts Category

More and more people are choosing to draft marital agreements in the United States to protect their assets and to ensure that important decisions are mutually agreed upon.  However, people must remember that certain factors must be met before a marital agreement will be considered legally binding.  These factors are outlined below:

1)  The marital agreement must be in writing.  If it is not in writing, it may not be enforceable in court.  All marital agreements should also be signed by both parties.

2)  Mutually binding promises.  Marital agreements should include mutually binding promises that have value for each party that signs the agreement.

3)  Full disclosure of assets.  When signing a marital agreement, each party must agree that the agreement is fair and that assets were fully disclosed.  This means that one party cannot hide information about income, assets or finances from the other party or else the agreement may not be binding.

If you are thinking about drafting a marital agreement, now is the time to get help from a Jacksonville family lawyer at Ellerin & Hutchinson. Contact our law firm now!

Recently, news sources announced that Tara Ried called off her engagement to Michael Axtmann, an internet entrepreneur.  According to reports, Ried cut ties with her fiancé because he wanted her to sign a prenuptial agreement.  This information was revealed during an interview with Ried's potential father-in-law.

The couple was supposed to get married last month.  However, the wedding was called off at the last minute.  Later, the 34 year old Axtmann confirmed that the wedding did not happen due to "legal reasons".   Now, his father Siegfried Axtmann is coming forward with allegations that the marital contract led to the couple's separation.

A month before cancelling the wedding, Ried seemed to be ecstatic about the marriage.  She had been speaking openly about the big day and told news sources that she would look like a "princess".  Now, circumstances seem to have drastically changed.

If you need help with a nuptial agreement or have questions about marital contracts, do not hesitate to contact Ellerin Hutchinson and speak with a Jacksonville family lawyer.

Many people have questions when it comes to marital agreements.  Perhaps the most pressing questions are "what are they?" and "what do they do?"

Marital agreements are legally binding contracts that are signed before or after two people get married.  These agreements outlines the terms of what will happen if one spouse dies, leaves or the couple goes through a divorce. Marital agreements include provisions that pertain to the couple's assets, property and income.  They outline how property will be distributed and essentially detail who gets what.

Due to the fact that marital agreements are legally binding and the laws that surround contracts of this nature vary state-to-state, it is important that people who are considering agreements in Florida speak with a Jacksonville family lawyer.

At Ellerin Hutchinson, we work closely with people who are planning to create post-nuptial and pre-nuptial agreements.  We can help you draft your marital agreement and ensure that the contract is in compliance with the laws of Florida.  Contact us today to learn more about our family law services!

Marriage is a firm agreement between two people but this agreement also includes financial concerns. There are specific circumstances where it's a good idea to have a prenuptial agreement set up between a couple.  Here are just a few reasons why a prenuptial, often referred to as a "prenup" agreement would be important.

In the circumstance where you had children from a previous marriage and you wanted to ensure they inherited the assets you accumulated before your second marriage, a prenuptial agreement would be in order. If you were to get divorced or die without a prenuptial agreement, your children might have to share part of this amount with your new spouse.

Another very good  reason for having a prenuptial agreement would be if  you have a share in  a family business before your present marriage and you wanted to keep the business on that side of the family. If you died without a prenuptial agreement in place or  wound up getting divorced, your new spouse might  now share in the family business which could dramatically change the family interaction within the business.

If  you fall into either of these categories and are considering marriage or know someone who is, it would be worthwhile to have a legal expert draw up a prenuptial agreement. Contact a Jacksonville family law attorney at Ellerin Hutchinson today at (904) 638-3134 to arrange a consultation.

Drafting a prenuptial agreement is one of the many ways a married couple can protect their assets. While filing a prenuptial agreement is great way to ensure you’re protected, there is a way to further protect your assets if you're interested.

Qualified Terminable Interest Property Trusts (QTIPS) are commonly used in connection with prenuptial agreements when a couple wishes to ensure their assets, property, and wishes have additional protection. QTIPS are a type of trust that specifies the beneficiaries of an estate after one spouse passes away. These trusts are created to ensure surviving spouses receive income, but do not give them control over how the deceased’s assets are distributed.

If you are interested in protecting your assets, a Jacksonville martial contracts lawyer at Ellerin Hutchinson can help. Whether you are interested in drafting a prenuptial agreement, postnuptial agreement, or QTIP, we can help you identify which assets you which to protect and who you would like controlling your assets after your death. From there, we can begin drafting the appropriate paperwork customized to your specifications.

Contact an attorney at Ellerin Hutchinson today to learn more about our services!

It seems as if every week another article or news story is released discussing the high divorce rate around the country. But one recently released CBS New poll says those people who are married are happily married, and would marry their spouse again.

The poll found that 9 out of 10 married Americans would remarry their spouse again, and that many have few regrets about their decision to get married. Men are also slightly more likely to believe in love at first sight than women. 47% of men believe in the idea of love at first sight compared to 44% of women.

One might find it interesting that 95% of men say they’d remarry their wives, compared to 85% of women who said they would marry their husbands again. When asked what factor contributed most to a successful marriage, 49% of the respondents picked respect, followed by trust (37%), sense of humor came (10%), sex (2%), and lastly money at 0%.

With so many divorces and custody battles reported in the news, it’s nice to know there are still some people who are happy and in love. Ellerin Hutchinson offers a number of legal services to married couples, including help creating marital contracts, postnuptial agreements, and other documents designed to protect the couple’s property rights and best interests.

Would you like more information regarding  marital rights and contracts? Connect with an attorney at Ellerin Hutchinson today by calling (904) 866-4489!

Former Presidential Candidate John Edwards and his wife Elizabeth have legally separated after more than 30 years of marriage.

The couple’s separation comes after months of controversy. John admitted to having an affair with a Rielle Hunter, a videographer whom he worked with before the start of his second presidential campaign. Then when Hunter claimed John was the father of her child, John repeatedly denied his paternity. It was only last week that John finally admitted he was the father of Hunter’s daughter.

This is not the first hardship to hit the Edwards, although it is the one to break their marriage. In 2007 Elizabeth learned her cancer had returned, which is now in stage four and has been diagnosed as incurable. And in 1996 John and Elizabeth lost their oldest son Wade after he was killed in a car accident.

The couple’s separation also coincides with the release of a book by John’s longtime, now former aide Andrew Young.  In his book, Young claims John asked him to lie about the fact that he fathered a child with Hunter.

Neither Elizabeth nor John has made any public statements regarding their separation.  Elizabeth says the claims Young makes in his book are false and exaggerated. 

The Edwards filed for separation in North Carolina, where the divorce law states that a couple must legally separate for 12 months before they can file for divorce.