Challenging a Prenuptial Agreement in Florida

A prenuptial agreement is a legal contract that defines what a married couple will receive in case of a divorce. In Florida, the Uniform Prenuptial Agreement Act (UPAA), adopted in 2007, governs prenuptial contracts. Couples enter into a prenuptial agreement prior to marriage to protect their assets. The contractual agreement specifies how property, assets and debt will be divided between the two partners in the event of a divorce. This contract can also protect the inheritance rights of children from a previous marriage. Prenuptial agreements can be challenged in court in certain situations. In this blog post, you will learn...

How Do Mechanic’s Liens Work?

A mechanic’s lien is a legal claim on unpaid compensation for work or goods provided. The company that performed work or delivered materials  can file a lien against property. The ensuring they will be paid first if the individual or company sells, refinances, or mortgages the property. For example, if a construction company remodels a home for $50,000 and the homeowner does not pay the bill, then a lien can be filed on the property. As a result, the construction company will receive sales proceeds to cover their losses, if the owner attempts to sell the house. As more businesses...

Child Support Obligations When Unemployed

The last four weeks, unemployment jobs claims have hit record highs. As of early July, 2020 a total of almost 1.3 million Americans are out of work. Unemployment causes stress over covering necessities like housing, utilities, and food costs. Child support obligations after a layoff or furlough can create additional anxiety. We’ll highlight what both parties can do to help alleviate the burden when unemployment due to COVID changes everything. Florida Law Concerning Child Support Obligations When a judge orders a parent to pay maintenance for the upbringing of his/her child(ren), that parent becomes a ‘maintenance debtor’. He/she is legally...

Virtual Trial: International Child Abduction

Spotlighted in a recent ABA Journal article, Boyer Law Firm is proud to have conducted its first fully-virtual federal trial. This was an international child abduction case, under the Hague Convention. Adapting to an ever-changing legal landscape is the bedrock on which our firm was founded. By staying on top of new technologies, we can be wherever our clients need us. This may be at home and around the world – even during a global pandemic.  Read on as we outline how our team of international law attorneys were able to help make history for our firm with bringing virtual...

Are Foreign Prenuptial Agreements Enforceable in Florida?

A prenuptial agreement (“prenup”) is an contract signed by both spouses-to-be before marriage. The general purpose of a prenup is for future spouses to agree to certain rules for property and asset distributions in the event of death or divorce. For instance, a couple might agree to waive rights to alimony or set monetary limits to alimony. Some couples agree to exclude certain property from being considered marital property. This could be an inherited family estate or business. Meaning, this property would not be subject to division in the event of divorce. A foreign contract is one that was executed...

International Law: Hague Conventions

Any practicing international law firm worth their weight should be immediately familiar with Hague Conventions. They have been pivotal in defining many of the laws helping to govern internationally. That is to say, these multilateral agreements stem from more than a hundred years of cooperation. However, it may be surprising to learn there is not one, but some 40 different Hague Conventions. Each of them focusing on unique aspects of international law. We’ll highlight the Convention’s deep impacts on international law, and focus in particular on a Boyer specialty – international family law. What is the Hague Conference? The first...

What if an Employee Refuses to Return to Work?

As the economy restarts, many employers are facing the serious problem that some employees are reluctant to return to work. Some of the reluctance is driven by legitimate fears related to the coronavirus and its spread. For others, it is a matter of economics. The legal and practical issues are complex and employers must tread carefully. Retain an experienced Florida business attorney today for help. Here are a few of the legal issues that should be considered and steps to take. Requests for Accommodation Under the federal Americans with Disabilities Act (“ADA”), employers must consider any request from an employee...

Remote Notarization of Estate Documents Begins

On July 1, 2020, remote online notarization of wills and estate documents will go into effect in Florida. See Florida Ch. Sec. 117.201 et seq. Remote online notarization has already been in effect for other types of legal documents. In the past, ensuring the validity of estate documents required the physical presence of a certified notary. Now, a notary can certify these documents remotely using audio-visual technology. The technology must be real-time and allow for the participants to see, hear, and talk with one another. In addition, the video transaction must be recorded and preserved. What Estate documents can be...

Mistakes to Avoid in Barter Transactions

Bartering is the process of exchanging goods or services for other goods or services without the use of money. While this alternative form of payment is generally thought of as an antiquated business practice, it is a practice that may prove to help businesses survive the economic impact of crises. The primary benefit of exchanging goods or services is that it preserves your working capital. During a time of economic crisis, business owners must get creative in generating income, making barter transactions a worthwhile option. At the same time, these agreements should be carefully planned to avoid the most common...

What Happens When You Do Not Probate a Will?

If a person passes away with a will in place, the decedent will name someone—like a spouse or child—to serve as their personal representative. The personal representative bears the responsibility of closing out the estate, distributing assets, and paying creditors. Having a will requires the personal representative to probate it in court. However, a personal representative may not have known that a will existed or simply does not want to face the legal process. Florida probate laws require a will to be probated. If the personal representative is uncertain about his or her ability to meet these requirements, he or...