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July 22, 2010
  Creating a Legally Binding Marital Agreement
Posted By Ellerin Hutchinson

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!

Continue reading "Creating a Legally Binding Marital Agreement" »

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May 26, 2010
  Marital Agreements Explained
Posted By Ellerin Hutchinson

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!

Continue reading "Marital Agreements Explained" »

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