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Drafting Marriage Contracts in Florida

A Florida guide to premarital and marital settlement agreements, this volume has standards, tips, and forms for writing and defending these agreements.
eBook :epub
11th Edition
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ISBN: 9781522113584
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Book Edition: 11E

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Drafting a premarital or marital settlement agreement is a delicate process. The final document must not only reflect the intent of the parties but be clear enough to withstand future efforts to modify it and to avoid the assorted tax pitfalls and consequences. Drafting Marriage Contracts in Florida guides the practitioner through this potential minefield with chapters discussing general standards for drafting and review, drafting and defending a premarital agreement, what to include in, and how not to arrive at, a marital settlement agreement, tax consequences of alimony, support, and property settlement provisions, use of agreements in estate planning, and challenging, modifying, and enforcing agreements.

Detailed forms that can be used to produce a premarital agreement and a marital settlement agreement are provided.

The Eleventh Edition updates all statutes, rules, forms, and case law.

Highlights of the new edition include:

      •  New discussion regarding
          ◦  Same-sex marriages
          ◦  Property rights in premarital agreements
          ◦  Affordable Care Act and Premium Tax credit
      •  New Case Law
      •  Revised statutes and rules
      •  Updated forms to include same-sex marriages

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Visit our Florida Bar Continuing Legal Education Publications website for a complete list of The Bar's titles.

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Table of Contents


Chapter 1   Overview,   Elizabeth Tener

Chapter 2  Premarital Agreements,   Mary Lou Miller Wagstaff

Chapter 3  Marital Settlement Agreements,   Martin Deptula and Nancy Harris

Chapter 4  Tax Consequences of Dissolution, Separation, and Property Settlements,   Jennifer E. Murphy and Matthew Lundy

Chapter 5  Estate Planning, Jeffrey A. Baskies 

Chapter 6  Challenging, Modifying, and Enforcing Agreements,  Robert M. Schwartz