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Prenuptial Agreements are governed under Fla. Stat. §61.079 which requires the agreement be in writing and signed by both parties. The statute also allows the parties to address all substantive rights in the agreement and identifies the basis under which a premarital agreement is not enforceable.
Shared parental responsibility under Florida law doesn’t apply until an order is entered by the court finding that paternity has been established by law or otherwise. Until there is an adjudication of paternity, a putative father has no standing to assert parental rights.
A marriage can’t be terminated without the entry of a court order as it is a purely statutory cause of action. Fla. Stat. Chapter 61 regulates entitlement to a dissolution of marriage as well as all rights and obligations connected thereto. Florida, like all other states in the union, is now a “no-fault” divorce state.
Equitable distribution of the marital estate is the first consideration in a dissolution case and the procedure courts follow is outlined by Fla. Stat. 61.075. A court must first classify all assets and liabilities owned by the parties as marital or nonmarital and then distribute those which fall into the former category.
Alimony, or spousal support, falls under the purview of Fla. Stat. 61.08. There are many different forms of alimony and the court is authorized to award any combination of these forms to either party in a Florida divorce. This award must be supported by specific findings of fact in accordance with the factors included in the statute.
It is public policy in the state of Florida to require a parent to provide support for his or her child. This is a dual obligation, meaning that the duty belongs to both parents. Child support is a right that belongs solely to the child and is calculated in accordance with Florida guidelines.
The express public policy of Florida is that each minor child should have frequent and continuing contact with both parents. Shared parental responsibility means both parents have the same rights to make major decisions regarding their child’s health, education and welfare. If this is determined to be detrimental to the child, a court may grant sole parental responsibility or ultimate responsibility over specific aspects of the child’s welfare.
Relocation can either be by written agreement or the party seeking to relocate must file a petition to relocate. Relocation is governed by Fla. Stat. 61.13001 and includes several factors for the court to consider, all which must be addressed in the court’s order. It is defined as a change in the principal residence of a parent of at least 50 miles and doesn’t include temporary absences from the state.
A party seeking modification of any court order must file a Supplemental Petition for Modification. When seeking modification, a party must prove a substantial, material and unanticipated change in circumstances has occurred since entry of the order. For a modification of timesharing or parental responsibility, a party must also show that modification is in the best interest of the child.
The use of civil contempt sanctions in Florida Family Law is limited to those used to compel compliance with a court order or to compensate a moving party for losses sustained as a result of a party’s willful failure to comply with a court order. A court considers whether the underlying order was unambiguous and whether the party willfully and intentionally violated the order.
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