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Central Florida Family Law Attorney

At the law office of Kenneth C. Gallagher, we have been fighting for the rights of men and women in central Florida for more than 12 years. An experienced family law attorney and mediator, Mr. Gallagher takes an aggressive, yet humane, a…

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Divorce Blog Post

NFL Star in Heated Divorce Battle, Ex-Wife Contesting Pre-Nup

NFL star Jeremy Shockey married Daniela Cortazar last May, and they separated five months later. The pair’s divorce has been bitter, and it’s even more acrimonious now that Shockey posted a nude photo of Daniela on his Instagram account. Daniela filed legal documents contesting the prenuptial agreement, and claims that she is entitled to alimony and lawyer’s fees under Florida law.

Florida has one of the highest divorce rates in the country. Moreover, three of the nation’s highest divorce rates are found in Florida counties — Putnam, Pinellas and Monroe counties’ divorce rates are about twice the national average. So if you’re dreaming of wedding bells, it’s time to start writing a prenuptial agreement.

Better safe than sorry

A prenuptial agreement is a legal contract between you and your future spouse that sets forth what will happen to your assets in the event of death or divorce. It can ensure financial security for you and your children by pre-arranging financial matters in case of divorce or death. However, a prenuptial agreement cannot waive rights relating to child support, time sharing and parenting plans.

Without a prenuptial agreement, the spouses may be subject to unintended financial rights and responsibilities under Florida law. You may be required to share marital property and pay alimony. In the event of death, your spouse may claim a portion of your estate even if he or she is not in your will. This can be especially harmful to the financial interests of children from previous marriages.

Although it’s not the most romantic notion, a prenuptial agreement is vital to your financial security. Anyone contemplating marriage should create a prenuptial agreement prior to the wedding.  Further, each party should hire his or her own experienced attorney to ensure that the pre-nuptial agreement holds up in court.

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