Prenuptial Agreements in Florida
This means that the specific wording of these agreements is absolutely critical and can make all the difference between a prenuptial agreement that accomplishes what you need and one that falls short of ensuring that you and your loved ones are taken care of. It is also important to remember that even one mistake could invalidate the entire agreement.
The Prenuptial Agreement Law in Florida
Under Florida law, parties to a premarital agreement may contract with respect to the:
- Rights and obligations of each of the parties;
- Right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- Disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- Establishment, modification, waiver, or elimination of spousal support;
- Making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- Ownership rights in and disposition of the death benefit from a life insurance policy; and
- Choice of law governing the construction of the agreement.
There are also disclosures that must be included in all of these agreements, including:
- Complete financial disclosure, including the value of the assets each party holds (to be sure, only postnuptial agreements require full financial disclosure; this is not a requirement for prenuptial agreements);
- Consideration (the marriage itself; as the premarital agreement is effective upon marriage);
- Net worth and income; and/or
- Any relevant execution formalities and/or waivers of equitable distribution of property, such as testamentary provisions, last will and testament provisions, alimony, interest in retirement plans and/or marital earnings, etc.
Divorce & Property Division Attorneys Serving Orlando, Sarasota, and Tampa
Financial planning is crucial for everyone. Coming to an agreement with your partner can help ensure that you have control over what happens instead of automatically defaulting to what Florida law dictates.
At HD Law Partners, our experienced family law attorneys understand what is at stake when it comes to marriage and divorce. We’ve been providing trusted legal representation for clients throughout Florida with over 40 years’ combined experience. When it comes to planning for your future, you want to ensure that you obtain experienced, skilled legal representation. Contact us today to find out how we can help.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
Both the Florida Senate and House passed Senate Bill 590 in May 2017. The bill will go into effect on January 1, 2018.
What does Senate Bill 590 mean?
Below are a few adjustments that will go into effect in January 2018, as discussed in a previous blog post regarding the FL alimony bill reform.
- Cap on alimony and child support combined: the combined award of alimony and child support should not exceed more than 55% of the payer’s net income. If the combined award exceeds the maximum percentage of the payer’s net income, the court will adjust the child support award to ensure that the cap is not exceeded. (Lines 361-367)
- Prohibition of changes to duration of alimony: the new bill will prohibit a court from changing the duration of an alimony award. (Lines 453-455)
- Remarriage: the remarriage of an alimony payer does not allow for a modification of alimony. The financial information for the new spouse will be off limits and inadmissible in court unless one claims that his/her income has decreased since the marriage. (Lines 559-579)
Click to read the complete Senate Florida Bill 590.
Experienced Florida Divorce and Alimony Lawyers
Are you facing divorce and have questions regarding the new alimony bill? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.
Wells Fargo has received its fair share of public scrutiny lately due to lax oversight and various legal violations associated with overseeing banking practices and the bank’s sham accounts scandal. Starting around 2004, internal investigations revealed an increase in “sales gaming cases,” whereby bankers were moving money into and out of customer accounts in order to make sales goals. All in all, it is estimated that Wells Fargo employees opened approximately 1.5 million bank accounts and applied for more than 560,000 credit cards that may not have been authorized by customers.
Perhaps most disturbingly, bank executives (most notably, the former chairman/chief executive officer and former head of the retail branch network) swept evidence of these practices under the rug, claiming that there were no serious, negative repercussions for customers. Many employees also reported feeling significant pressure to engage in these practices in order to meet sales goals.
Ultimately, in failing to undertake a proper investigation and involving outside counsel in order to do so, those in charge were simply too late and too slow to take a close look at the company’s basic business model. When the scam ultimately caught up with the company, regulators assessed millions of dollars in fines and Wells Fargo’s reputation was arguably permanently affected.
Sales Goals & Stimulated Funding
One of the practices that the company engaged in is called stimulated funding, whereby employees transfer funds from one customer account to another in order to make a less active account appear to be “funded” by a customer.
Some of the employees implicated in the scam responded that the pressure to meet specific goals was so high—whereby daily and monthly “motivator” reports were constantly pitting one branch and region against another—that they experienced health problems as a result. Each January, bankers were even encouraged to submit lists naming family and friends who might open up accounts with Wells Fargo. The pressure was so strong that some would even postpone officially opening up accounts that had originally been opened in December – until January – just so that they would meet their January goals.
Specific Legal Violations
The lawsuit brought against Wells Fargo alleges unlawful business practices, amongst other allegations. However, financial institutions that engage in practices like these also risk being prosecuted under the Racketeer Influenced and Corrupt Organization (RICO) Act for fraud—both mail and securities fraud—amongst other aspects. There have also been rumors that whistleblowers were intimidated or fired, which violates federal law as well.
Experienced Corporate Attorneys Providing In-House Counsel Services
At HD Law Partners, our experienced corporate lawyers in Tampa have years of experience assisting business clients in resolving a broad spectrum of issues such as overseeing corporate banking practices and financial services, as well as defending companies in consumer protection claims. We provide general counsel services, taking on responsibilities that are expected of in-house legal counsel. Contact us today to receive guidance on how we can help you and your business.
Resources:
nytimes.com/2017/04/10/business/dealbook/11wells-fargo-account-scandal.html?ref=business&_r=0
latimes.com/business/la-wells-fargo-live-updates-stumpf-ceo-could-wells-fargo-be-proscecuted-for-1475167015-htmlstory.html
Florida Paternity Rights in Marriage & Divorce
Paternity rights can be an important element of a child’s (and family’s) life, and help ensure that not only will the child receive the financial support needed in order to succeed, but also have access to certain benefits and information that could be helpful for the sake of their health and future.
While the law assumes that, when a couple is married, the mother’s husband is the father of the child, things can become more complicated when it comes to children born out of wedlock.
Paternity Law in Florida
Under Florida law, 1) any woman who is pregnant or has a child, 2) the man who believes he is the father of a child, or 3) the child may initiate court action to determine the paternity of the child; particularly, when the paternity has not been established by the law or any other means. Specifically, in order to preserve the right to notice and consent to the adoption of the child, the unmarried biological father must file a notarized claim of paternity form with the Putative Father Registry that deems him the “registrant” and confirms his willingness and intent to support the child. This claim may be filed before the child’s birth, but not after any petition for termination of parental rights has been filed.
In addition, there are procedures for the determination of paternity for children born out of wedlock, such as:
- Paternity determined within an adjudicatory hearing brought under the statutes governing inheritance, dependency under workers’ compensation, or similar programs;
- An affidavit acknowledging paternity or a stipulation of paternity (as executed by both parties);
- An adjudication by the Department of Revenue; or
- Voluntary acknowledgment of paternity.
The Law and “Fatherhood”
However, if a child is born to a woman who is married to someone other than the biological father, the biological father of the child may have very few rights. In this sense, the law often distinguishes paternity from legitimacy, in effect sharing or transferring the duties of fatherhood without affecting the child’s legitimacy. If, during divorce, parents stipulate that the husband is not the father of a child (whether the child has been born or is still unborn), that husband may still have to participate in a termination of parental rights precisely because parental rights—as assigned by marriage—are so strong and would otherwise continue.
In other words, a prospective father may automatically be regarded as the child’s parent if he was married to the mother at the probable time of conception, if he was cohabiting with the mother at the time of conception, or if the mother has received support payments with respect to the child.
Reach Out to Us Today for Help
Family court matters are not only incredibly important, but they can also be incredibly contentious, and place your family’s well-being in jeopardy. If you are dealing with paternity issues during marriage or divorce—or any other family law issue—contact one of our family law attorneys today for assistance. At HD Law Partners, our Florida attorneys are prepared to help you immediately.
Resources:
wptv.com/news/region-st-lucie-county/fort-pierce/judge-dismisses-fathers-paternity-petition-he-has-10-days-to-file-again
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html
Selecting the Right Divorce Attorney
When you’re contemplating or already engaged in the process of going through a divorce, ensuring that you work with the right divorce attorney is crucial. While you may be considering contacting attorneys referred to you by family or friends, perhaps you also found some law firms online that practice divorce law locally. But how do you know that they will care about your case, and ensure that your rights are protected throughout the process?
When it comes to ensuring that your divorce is handled right, you want to make sure that you do your homework in selecting a divorce attorney to work with. To start, there are some basic questions you should ask any attorney you are thinking of hiring for your case, which include:
Years Practicing & Cases Handled
It is crucial to find out if your attorney has specifically been practicing in family law, and if so, how many divorce cases they’ve handled. Depending upon the circumstances of your case, have they also worked in related important areas, such as child custody, property and asset distribution, etc.? If they have handled numerous divorce cases, do they have a particular clientele in these cases, such as focusing on fathers’ rights, etc.?
Solo Practitioner or Collaborate With Other Attorneys?
Whether or not the attorney is a solo practitioner, works in a small firm, works in a larger firm with a paralegal, etc. can also sometimes affect your case.
How Do You Assess Fees? Is There A Retainer?
When it comes to working with any attorney, it is crucial that you have a clear understanding of what the fee structure is, how billing is assessed, whether there will be a retainer for your case and if the retainer is refundable, etc.
Expected Timeline for Case
For many people, how long their divorce will take is of paramount importance, especially for couples who are concerned about the potential impact that the divorce might have on their children.
Mediation versus Litigation
Some couples who are contemplating a divorce are interested in alternatives to litigation, such as mediation and/or collaborative divorce, especially if it can help facilitate a resolution more quickly, all while costing less. However, if you are interested in these options, you want to make sure that the attorney you are considering to hire actually offers them.
What to Expect
During this difficult time, just having someone who is knowledgeable about the process explain what procedures to expect can be reassuring and ease some of the stress sometimes associated with the divorce process.
Answering Questions
How long does the attorney typically take to get back to his or her clients when they have questions, and do they have any questions for you?
Florida Divorce Attorneys Serving Clients in Orlando, Sarasota, Tampa, and Surrounding Areas
The Tampa family law lawyers at HD Law Partners provide knowledgeable, compassionate, experienced, and dedicated legal representation. Contact us today for a free consultation and learn how we can help you through the divorce process.
Resource:
huffingtonpost.com/karen-covy/10-tips-for-how-to-choose_b_10745056.html
What is a Guardian Ad Litem (GAL) in Florida?
When parents get divorced and/or otherwise go through a child custody dispute, sometimes the court will appoint what’s known as a Guardian Ad Litem to represent the child’s best interests (as a neutral third party). Guardians Ad Litem have typically completed mandatory training courses in order to become advocates, and effectively end up serving as trusted advisors for your child. In fact, in some instances, the parents themselves will request to have a Guardian Ad Litem put in place.
GAL Qualifications in Florida
The Guardian need not necessarily be an attorney, but if they aren’t, they must be certified by Florida’s Guardian Ad Litem program or by a legal aid program (unless the case involves allegations of child abuse, in which case the Guardian must either be an attorney or an individual certified by the state program). Under Florida state law, Guardians Ad Litem have considerable power, arguably assisting the court as the trier of fact in an effort to protect the best interests of the child.
GAL Responsibilities
Some of the core responsibilities of a Guardian Ad Litem include:
- Investigating any and all allegations of the pleadings that may affect the child;
- Interviewing the child and/or anyone else who might have info concerning the welfare of that child;
- (If necessary), petitioning the court to order a mental and/or physical examinations of the child, the child’s parents, and/or any other relevant parties, and even assisting the court in obtaining these impartial examinations;
- Petitioning the court for an order allowing them access to important documents, such as those related to any ordered examinations;
- Drafting written and/or oral recommendations for the court;
- Filing any pleadings necessary for the child’s protection and in their best interests; and
- Participating in any and all depositions, hearings, and other proceedings necessary to best represent the interests of the child.
The Guardian Ad Litem ultimately must file a written report that typically includes their recommendations and the wishes of the child, and it typically chronicles the Guardian’s work on the case. This report is first turned into the program office at least one week prior to the hearing so that the program staff can ensure that it conforms to the law and program guidelines before it is distributed to any parties or filed with the court. After this, it is served on all parties at least 20 days prior to the relevant hearing.
It is, however, important to keep in mind that a Guardian Ad Litem is typically discharged from a case once the court enters its final order. After this, they are not typically allowed to have contact with the child, nor can they supervise relevant child visitations.
Divorce & Timesharing Attorneys Who Care
If you are seeking assistance with any family law issue, including divorce and/or child custody and parenting time issues, our experienced family law attorneys can help you through the process. Contact HD Law Partners today to schedule a consultation. We serve clients in Orlando, Sarasota, Tampa, and surrounding areas.
Resource: heraldtribune.com/opinion/20170423/abramowitz-help-guardians-ad-litem-help-children
There are some key differences when it comes to the management of condominium versus homeowners associations in Florida. For example, this includes the ability to charge capital contribution fees, or the one-time charges associated with any transfer of title part of the association. For Florida homeowners’ associations, these fees typically range from $400 to $5,000, and are charged in order to ensure that there are finances in the association’s’ operating account (or capital reserves) once the developer leaves. These fees usually cover between one and three months of the association’s annual assessment amount.
In general, while condominium associations face certain restrictions when it comes to fees like these, homeowners’ associations, conversely, can charge these fees to new owners and/or to process lease applications.
The Condo and Homeowner’s Association Law in Florida
Under Florida law, the state legislature must first approve any fees charged to owners and tenants when it comes to condo associations. While developers can charge these fees to the original purchasers, they can no longer charge them once turnover has occurred. Thus, for example, fees associated with processing a lease or sales application, or transfer fees, cannot exceed $100 per applicant (other than a husband/wife or parent/child, both of which are considered to be one applicant).
However, the Florida Condominium Act does not apply to homeowners’ associations. Homeowners’ associations can set forth any fee they feel is necessary as long as it is detailed in the relevant declaration of covenants (aka governing documents). What this means is that even after turnover from the developer, members of homeowners’ associations can continue to charge transfer fees on resales as long as the transfer fees are regulated by the association’s documents. In addition, homeowners’ association members can always amend the documents after developer turnover to increase (or decrease) the fee amounts.
The law generally treats condo associations differently from homeowners’ associations because condos involve individuals and families living closer together, as they would in cities, and thus the law tends to favor having more rules and restrictions in place for condos. However, that’s not to say that there are no restrictions whatsoever on to what extent associations can make and collect assessments and to lease, maintain, repair, etc. association property; for example, the association may not charge a use fee against a unit owner for the use of common elements or association property unless it is otherwise provided for in the declaration or by a majority vote of the association (or unless the charges relate to the expenses incurred by an owner having exclusive use of the common elements or association property).
Homeowners and Condominium Association Attorneys Serving Orlando, Sarasota, and Tampa
Homeowners’ association managers and owners play important roles in maintaining the operations and upkeep in many living communities here in Florida. When it comes to ensuring that your association is in compliance with the law, having the right lawyer on your side is a key element towards ensuring your success.
At HD Law Partners, our homeowners and condominium association attorneys provide experienced legal representation you can count on. With over 40 years’ combined experience, we can provide the expertise to help ensure your property’s interests and assets are protected. Contact us today to find out how we can help you.
Resources:
delraynewspaper.com/condominium-associations-homeowners-associations-look-23960
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html
What is a Collaborative Divorce?
Going through formal divorce proceedings can be expensive with court costs and attorneys’ fees. One alternative option to seeking a divorce is a collaborative divorce. Collaborative divorces have become increasingly popular, are less expensive, and are less adversarial than traditional litigation.
What is a Collaborative Divorce?
A collaborative divorce is where the parties and their respective attorneys agree to handle the matter without the involvement of the court system. The parties attempt to amicably resolve the case through settlement negotiations and the hiring of experts i.e. a counselor, therapist, or accountant if necessary.
The Benefits of a Collaborative Divorce
Some pros associated with collaborative divorces are there are no court imposed time restraints and if the collaborative divorce is not working, it can be ended by any one party and the parties can then proceed to litigation. However, the attorneys that represented the parties during the collaborative divorce can no longer represent their clients in the litigation. Another disadvantage to a collaborative divorce is that it has the potential to be more expensive if negotiations break down or if one party is not participating or acting reasonably. There is also no threat of court action to force the other party to participate reasonably.
A collaborative divorce is something to consider when seeking a divorce. As discussed they can be resolved more peacefully than through litigation and it is a way to keep your case out of court.
Florida Divorce Attorneys Serving Clients in Orlando, Sarasota, Tampa, and Surrounding Areas
The Florida divorce/family law attorneys at HD Law Partners provide knowledgeable, compassionate, experienced, and dedicated legal representation. Contact us today for a free consultation and learn how we can help you through the divorce process.
Source: http://www.sblumenthallaw.com/collaborative-divorce.html
On Monday March 20th, a Florida appeals court sided with State Farm Florida concerning a dispute over whether insurance policy information can technically be considered a “trade secret” shielded from public disclosure. Insurance policy information frequently contains confidential business information which, if viewed by other companies, could provide them with a competitive advantage. While insurance companies have long been required to file such information with the government through the Quarterly and Supplemental Reporting System, companies like State Farm have sought to keep this information confidential (i.e. not disclosed to the public) precisely because the information could be used by competitors if made public.
After a Leon County circuit judge agreed with State Farm on this issue last year, the Office of Insurance Regulation (OIR) decided to appeal it in an effort to release the information to the public. However, on Monday, the three-judge appellate panel disagreed with the OIR that keeping the information confidential would harm consumers, undermine transparency, and increase the OIR’s administrative burden.
The Law in Florida
Florida law defines trade secrets as information (including a formula, pattern, compilation, program, device, method, technique or process) that derives independent economic value (actual or potential) from not being generally known to (and not being readily ascertainable by proper means by) other people who can obtain economic disclosure or use (providing, of course, that these efforts to maintain its secrecy are reasonable, given the circumstances). For this precise reason, the Florida legislature purposely exempts trade secrets from the state public records law.
In this case, all that State Farm needed to do was present evidence that its data meets the Legislature’s definition of trade secrets. In doing so, it was clear that, if the information was made public, a competitor could use State Farm’s data to see where the company is growing and proceed to use that information in order choose where they might have an economic advantage without having to invest marketing funds. While the OIR claimed that it needed to provide the data to the public in the form of reports listing the top 25 property insurers, the judges disagreed with the agency, finding that this objective did not supersede the Legislature’s intent to protect businesses’ trade secrets.
Florida Business & Insurance Attorneys Serving Orlando, Sarasota, and Tampa
You have a right to protect your company’s trade secrets and other confidential business information that could be used by other companies or individuals to gain a competitive advantage.
At HD Law Partners, we have been providing excellent legal representation for insurance and other companies in Florida communities for years. Contact us today to obtain valuable and comprehensive legal advice from our team of experienced Tampa business lawyers.
Resource:
orlandosentinel.com/business/os-bz-nsf-state-farm-florida-ruling-20170320-story.html
The latest developments surrounding a ban that Florida’s Suntree Master Homeowners Association wants to place on allowing sexual offenders and sexual predators to live on the property has made news headlines. This housing restriction sheds light on what rights homeowners associations and other property managers have in terms of setting particular standards for residential developments, and what measures they may take in ensuring that very particular goals are met.
Specifically, the association is asking residents to amend their housing restrictive covenants and approve expanding the zone of protection of city and county ordinances in order to bar sexual offenders and predators from owning or renting there, effectively restricting offenders from residing within 3,000 feet from areas where children regularly congregate (which effectively covers the entire Suntree development). The association’s proposed policy could soon become one of the strictest when it comes to whether or not sexual offenders and predators can be banned from residential developments.
Suntree Master Homeowners Association
Suntree is one of Brevard County’s largest residential developments, with 4,500 households that include townhouses, apartments, single-family homes, schools, day care centers, trails, golf courses, parks, bike paths, and numerous neighborhoods (or sub-associations).
Fair Housing Statutes & Housing Covenants
When it comes to fair housing statutes, bans such as these are arguably legal because housing covenants tend to have a significant amount of power over what, specifically, can make up a given neighborhood. While anyone already living at the development who has been convicted of sex crimes would typically be grandfathered in; in this case, Suntree has stated that it will determine these circumstances on a case-by-case basis.
Approximately one year ago, the U.S. Department of Housing and Urban Development issued guidance concerning any restrictions placed on selling or renting properties to convicted felons. Specifically, the Department was concerned that housing restrictions could end up adversely affecting particular races more than others due to the correlation between race and a higher number of arrests and convictions in general.
However, when it comes to directives like those of Suntree’s, it is important to look at the specifics of what a homeowners association is proposing. By becoming a part of the association’s declaration of covenants, the restriction would likely survive a challenge under the Fair Housing Act and Florida law under the premise or general concern that sexual offenders are more likely to commit crimes in the future, regardless of race. For example, it is somewhat common for local governments to restrict registered sex offenders from living within a certain distance of a school or park out of concern for public safety, and where a state or local government has a concern, an association arguably has the right to have that very same concern.
Florida Homeowners Association Attorneys
At HD Law Partners, our homeowners association and property manager attorneys advise clients in Orlando, Sarasota, Tampa, and surrounding areas. We provide proactive legal representation and help ensure clients that their property interests are protected and any and all policies are in keeping with federal and state laws. Contact us today for assistance.
Resource:
floridatoday.com/story/news/2017/03/03/suntree-wants-ban-sex-offenders-living-there/98649004/
