Family Law, Divorce, and Civil Litigation Lawyers, Selected for Recognition By Elite Lawyer

https://www.elitelawyer.com/profile/8238-robert-hanreck Elite Lawyer in Miami 2025

We are proud to announce we have been selected for a national recognition and award by Elite Lawyer.  We work hard to assist our clients in family law, divorce, and civil litigation cases including accidents and injuries cases and appreciate the recognition for our efforts and success in doing so. Call us so we can put our experience to work for you.

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The Elite Lawyer Advisory Panel reviews, rates, and evaluates attorneys based on their legal history, experience, and reputation to ensure they are Elite Lawyer material. Gathered from a variety of resources, including both online and print publications and databases, some of these factors carry more weight than others.

The Award’s criteria is based upon several indicators of professional achievement, reputation, commitment to community, and legal competence, including:

  • Legal experience
  • Settlements and verdicts
  • National or local honors and/or awards
  • Special licensing, credentials, and certification
  • Service/commitment to their community
  • Service/commitment to the legal profession as a whole
  • Memberships and positions held
  • Bar activity
  • Years in practice
  • Professional reputation
  • Education/employment
  • Position held within a law firm
  • Any additional achievements or experience deemed relative by the Advisory Panel

 

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Does A Contract Need To Be Signed to Be Enforceable?

Under Florida law it is best to have a signed contract in writing but an oral contract or a written contract without a signature can still be enforceable depending on the facts of the case.  Call us and we can discuss your contract and its enforceability.

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It “is a threshold question of law for the trial court.” to determine if a contract exists. L & H Constr. Co. v. Circle Redmont, Inc., 55 So. 3d 630, 634 (Fla. 5th DCA 2011). To prove the existence of a contract under Florida law a party must prove: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specificity of the essential terms. Kolodziej v. Mason, 774 F.3d 736, 740–41 (11th Cir. 2014) (citing  Joe Corp. v. McIver, 875 So. 2d 375, 381 (Fla. 2004).

A contract can be binding on a party despite the absence of a party’s signature. Gateway Cable Television, Inc. v. Vikoa Constr. Corp., 253 So. 2d 461, 463 (Fla. 1st DCA 1971) (“The object of a signature is to show mutuality or assent, but these facts may be shown in other ways, for example, by the acts or conduct of the parties.”). 

“In absence of a signature, the courts look to a party’s words and conduct to determine whether the party assented to the agreement.” Fi-Evergreen Woods, LLC v. Robinson, 135 So. 3d 331, 336 (Fla. 5th DCA 2013) (citing W. Gay Enters., Inc. v. John Hall Elec. Contracting, Inc.,792 So. 2d 580, 581 (Fla. 4th DCA) (holding that by their words and conduct, the parties assented to the terms of the contract).

Florida courts uniformly hold that performance under a contract constitutes assent. See Integrated Health Servs. of Green Briar, Inc. v. Lopez-Silvero, 827 So. 2d 338, 339 (Fla. 3d DCA 2002) (holding that an unsigned contract was valid and binding because, although the defendant nursing home did not sign it, it “acted as if they had a valid contract” by providing the plaintiff care for over two months); L & H Construction, 55 So. 3d at 634 (finding party who did not sign agreement “clearly accepted the proposal by its actions, i.e. paying the initial $5,000 deposit and the two subsequently invoiced $15,000 payments”); see also Sundial Partners, Inc. v. Atl. St. Cap. Mgmt. LLC, No. 8:15-CV-861-T-23JSS, 2016 WL 943981, at *5 (M.D. Fla. Jan. 8, 2016) (collecting cases), report and recommendation adopted, No. 8:15-CV-861-T-23JSS, 2016 WL 931135 (M.D. Fla. Mar. 11, 2016) (enforcing unsigned agreement to arbitrate, where party (i) confirmed receipt of the agreement; (ii) reviewed the agreement; (iii) never objected to the arbitration provision; (iv) never mentioned any concerns with the agreement; and (v) performed under the agreement).

Parties who do not sign a contract can be bound by it if  both parties perform under the contract. See James Register Constr. Co. v. Bobby Hancock Acoustics, Inc., 535 So. 2d 339, 340 (Fla. 1st DCA 1988). In James Register, the parties entered into a construction contract, but neither party signed it. Id. at 339–40. Both parties completed the construction, and the subcontractor filed suit. Id. at 339. The trial court awarded the subcontractor a portion of the general damages sought and a reasonable attorney’s fee.

Call us to discuss the contract and circumstances in your case.

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How is Child Custody Decided in Florida?

In Florida, child custody decisions are based on the best interests of the child, as outlined in Florida Statute Section 61.13.

The court considers various factors, such as the child’s physical, emotional, and developmental needs, the ability of each parent to provide a stable environment, and the history of parental involvement.

As of July 1, 2023, Florida law includes a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. 

The presumption of equal time-sharing in Florida is established under Florida Statute Section 61.13. This statute was amended to include a rebuttable presumption that equal time-sharing is in the best interests of the child, effective July 1, 2023.

This means the court starts with the assumption that equal time-sharing is ideal, but this can be challenged if evidence shows it is not suitable for the child.

Factors like parental fitness, distance between homes, and the child’s specific needs are considered to determine whether equal time-sharing is appropriate.

If you have questions about custody and time-sharing call us and we can discuss your situation.

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What Happens To Property And Assets In A Divorce?

keys to house for equitable distribution

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In a Florida, the division of property and assets during a divorce follows the principle of equitable distribution. This means that the court aims to divide marital property in a manner that is fair, though not necessarily equal. Here’s a breakdown of how it works:

1.  Marital vs. Non-Marital Property

  • Marital Property: Includes assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include jointly owned homes, retirement accounts, and income earned during the marriage.

  • Non-Marital Property: Includes assets owned by one spouse before the marriage or acquired individually through inheritance or gifts. However, if non-marital property is commingled with marital assets (e.g., using marital funds to improve a home owned before marriage), it may be treated as marital property.

2.  Factors Considered in Distribution

Florida courts consider several factors when dividing property, such as:

  • The duration of the marriage.
  • Each spouse’s economic circumstances.
  • Contributions to the marriage, including homemaking and child-rearing.
  • Any intentional waste or dissipation of marital assets by either spouse.

3. Equitable Does Not Mean Equal

  • While the starting point is often a 50/50 split, the court may adjust this based on the circumstances. For example, one spouse might receive a larger share if they have primary custody of children and need the family home.

4. Debts and Liabilities

  • like assets, marital debts are divided equitably. This includes mortgages, credit card debts, and loans acquired during the marriage.

5. High-Asset Divorces

  • In cases involving significant assets, the process can become more complex. Forensic accountants and appraisers may be involved to determine the value of assets and ensure a fair division.

If you are navigating a divorce in Florida, consulting with a qualified attorney is crucial to protect your rights and ensure a fair outcome.

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Trusted Domestic Violence Attorneys in Miami: Here to Help

We are top rated Miami domestic violence injunction Lawyers who are ready to help you.

In Florida, domestic violence injunctions, also known as restraining orders, are legal orders designed to protect individuals from abuse or threats of abuse by a family member or intimate partner.  You can file for an injunction on your own but better to have a top rated Miami domestic violence help you.

How to Obtain an Injunction

To obtain a domestic violence injunction in Miami, the petitioner (the person seeking protection) must file a petition with the court. The petition should include as many details as possible about the incidents and the relationship between the parties involved. As many dates and specific facts should be included as possible.  The court may issue a temporary injunction to provide immediate protection until a full hearing can be held.

Consequences of Violating an Injunction

Violating a domestic violence injunction in Miami can have serious consequences. The violator may face criminal charges, arrest, and potential jail time.

Legal Assistance

It’s important for both petitioners and respondents to understand their rights and responsibilities. Consulting with an attorney can provide valuable guidance through the legal process and ensure that all necessary steps are taken to protect one’s safety and legal interests.

 

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Lawyer For Domestic Violence Injunction

Prenuptial Agreements Are Not Just For Celebrities

Why Celebrities Opt for Prenuptial Agreements

Prenuptial agreements, or prenups, are legal contracts signed before marriage that outline the division of assets in the event of a divorce. For celebrities, these agreements are often essential due to their unique circumstances. High-profile individuals typically have significant wealth, intellectual property, and future earnings to protect. A prenup ensures that their financial interests are safeguarded, preventing lengthy and public legal battles. Additionally, celebrities often enter marriages with pre-existing assets, such as businesses, real estate, or royalties, which they may wish to keep separate from marital property. These agreements also provide clarity and reduce uncertainty, allowing both parties to focus on their relationship without financial concerns looming overhead.

Recent Celebrity Divorces with Prenuptial Agreements

Several celebrity couples have recently gone through divorces where prenuptial agreements played a pivotal role. For instance, Sofía Vergara and Joe Manganiello filed for divorce in 2023 after nearly eight years of marriage. Their prenup ensured that Vergara retained her earnings and personal belongings, including artwork and jewelry. Similarly, Kelsea Ballerini and Morgan Evans finalized their divorce in 2022, with their prenup dictating the division of assets, including a house that Ballerini chose to relinquish to expedite the process. These cases highlight how prenups can streamline divorce proceedings, allowing both parties to move forward with minimal conflict.

Why Prenups Are Not Just for Celebrities

While prenups are often associated with the rich and famous, they are increasingly relevant for non-celebrities as well. These agreements can benefit anyone who wants to protect their financial interests, especially in cases where one partner has significant assets, owns a business, or has children from a previous relationship. Prenups can also address issues like debt division, ensuring that one partner is not unfairly burdened by the other’s financial obligations. For everyday couples, a prenup provides a framework for open and honest discussions about finances, fostering trust and transparency. Ultimately, prenuptial agreements are a practical tool for anyone entering marriage, offering peace of mind and a clear plan for the future.

Prenups may not be the most romantic topic, but they serve as a testament to the importance of planning and communication in any relationship. Whether you’re a Hollywood star or an everyday individual, these agreements can provide a solid foundation for a successful partnership.

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We Are Ranked As Top Divorce Lawyers in Miami

We are pleased to announce Brand Vision Insights has ranked us as top divorce lawyers in Miami adding to our numerous other recognitions.

They picked us as top divorce lawyers in Miami because: “Robert J. Hanreck, P.A., focuses on family law and divorce, offering skilled representation in cases involving child custody, property division, and alimony. Known for his compassionate approach and dedication to client success, Robert Hanreck is committed to guiding clients through difficult situations with professionalism and care. His firm is respected for its hands-on service and strong advocacy.”

https://www.brandvm.com/post/top-miami-divorce-lawyers

We take pride in helping our divorce clients and appreciate the recognition for the effort that we put in to helping our clients.

Other recognitions apart from top divorce lawyers Miami include; Best Divorce Lawyers in Miami; Florida Legal Elite; Super Lawyers; and Best Litigation Attorneys:

Florida Trend, Florida Legal Elite, Up and Coming Legal Elite 2006;

Florida Trend, Florida Legal Elite, Legal Leaders 2007;

Florida Trend, Florida Legal Elite, Top Florida Attorneys 2008;

Florida Trend, Florida Legal Elite, Legal Leaders 2010;

Florida Trend, Florida Legal Elite, Legal Leaders 2014;

Super Lawyers as a rising star, The Top Young Lawyers in Florida in 2009;

Super Lawyers as a Super Lawyer 2023;

Super Lawyers as a Super Lawyer 2024;

Expertise, Best Divorce Lawyers in Miami 2016;

Expertise, Best Divorce Lawyers in Miami 2019;

Expertise, Best Litigation Attorneys in Miami 2022;

Expertise, Best Litigation Attorneys in Miami 2023;

National Academy of Family Law Attorneys, Nationally Ranked Top 10 Attorney Award 2019;

TrustAnalytica 10 Best Divorce Lawyers in Miami 2024.

Top Miami Divorce Lawyers: Why We’re Your Best Choice

When navigating the complexities of a divorce, having the right legal representation can make all the difference. Here are some compelling reasons to hire us as your Miami divorce lawyers:

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Experienced Miami Divorce Lawyers

Comprehensive Knowledge: We have extensive experience in family law, particularly in handling Miami divorce cases. Our deep understanding of the legal system allows us to provide you with informed and effective representation. 

Miami Divorce Lawyers – Personalized Approach

Tailored Strategies: We recognize that every divorce case is unique. We take the time to understand your specific situation and develop a customized strategy to achieve the best possible outcome.

Compassionate Support: Divorce can be an emotionally challenging process. We offer empathetic support and guidance, helping you navigate the legal and personal aspects of your case with care and sensitivity.

Miami Divorce Lawyers – Strong Advocacy

Dedicated Representation: We are committed to advocating for your rights and interests. Whether it’s negotiating a fair settlement or representing you in court, we are dedicated to your interests.

Effective Communication: We prioritize clear and open communication, keeping you informed at every stage of the process and ensuring that your voice is heard.

Miami Divorce Lawyers – Resourceful Problem Solvers

Negotiation Skills: Our attorneys are skilled negotiators who can help you reach amicable agreements, minimizing the need for prolonged litigation.

Creative Solutions: We think outside the box to find innovative solutions to complex issues, such as property division, child custody, and spousal support.

Miami Divorce Lawyers – Comprehensive Support

Full-Service Firm: Our firm offers a wide range of legal services, providing comprehensive support for all aspects of your divorce, from financial planning to post-divorce modifications.

Access to Resources: We have access to a network of experts, including financial advisors, therapists, and child specialists, to ensure that you receive holistic support throughout your divorce.

Miami Divorce Lawyers – Client-Centered Focus

Transparent Billing: We offer clear and transparent billing practices, ensuring that you understand the costs associated with your case from the outset. Client Satisfaction: Our ultimate goal is your satisfaction. We work tirelessly to achieve outcomes that align with your goals and priorities.

Conclusion

Choosing the right divorce lawyer is a critical decision that can significantly impact the outcome of your case. Our team of experienced and dedicated attorneys is here to provide you with the expertise, support, and advocacy you need to navigate this challenging time.

Contact us today to schedule a consultation and learn more about how we can help you with your divorce case. We are here to support you every step of the way.

 

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Prenuptial Agreements: What You Need to Know

Prenuptial Agreements

Often referred to as a “prenup,” is a legal contract entered into by a couple before they get married. This agreement outlines the division of assets and financial responsibilities in the event of a divorce. While the concept of a prenuptial agreement might seem unromantic, it can be a practical and beneficial tool for many couples.

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Prenutial Agreements: What You Need To Know

The Purpose of a Prenuptial Agreement

  1. Protection of Assets: One of the primary reasons couples opt for a prenuptial agreement is to protect their individual assets. This is particularly important for individuals entering a marriage with significant personal wealth or property.

  2. Debt Clarification: A prenup can outline each party’s responsibility for pre-existing debts. This ensures that one spouse is not held liable for the other’s financial obligations incurred before the marriage.

  3. Business Interests: If one or both partners own a business, a prenup can protect the business assets and future income. This can prevent disputes over business valuation and ownership in the event of a divorce.

  4. Inheritance Rights: Prenuptial agreements can protect family heirlooms and inheritance. This is particularly relevant in second marriages, where there might be children from previous relationships.

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Key Components of a Prenuptial Agreement

  1. Full Disclosure: Both parties must fully disclose their financial situation, including assets, debts, and income. Transparency is crucial for the agreement to be valid.

  2. Public Policy and Fairness: The agreement must not contravene public policy, a law, or be completely unfair.

  3. Voluntary Agreement: Both parties must enter the agreement voluntarily, without coercion or undue pressure. It’s advisable for each party to have independent legal representation.

  4. Future Spousal Support: The agreement can outline whether either party will receive spousal support (alimony) in the event of a divorce and under what conditions.

Common Misconceptions

  1. Prenups Are Only for the Wealthy: While they are common among high-net-worth individuals, prenuptial agreements can benefit anyone who wishes to protect their financial interests.

  2. Prenups Indicate a Lack of Trust: A prenup doesn’t mean a lack of trust or love. It’s a precautionary measure, much like insurance, that can provide peace of mind for both parties.

  3. Prenups Are Set in Stone: Prenuptial agreements can be amended or revoked after marriage with the consent of both parties. It’s a flexible document that can adapt to changing circumstances.

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Conclusion

A prenuptial agreement is a practical tool that can help couples manage their financial futures and prevent potential conflicts. By discussing and agreeing on financial matters before marriage, couples can build a stronger foundation of trust and understanding.

If you’re considering a prenuptial agreement, it’s essential to consult with an experienced family law attorney to ensure that the agreement is fair, comprehensive, and legally binding. Taking this step can help protect your assets, clarify financial responsibilities, and provide peace of mind for the future.

Your Best Choice For A Miami Partition Lawyer

We are your best choice for a Miami Partition Lawyer.  We are lawyers experienced in partition cases.  Our experience as partition lawyers ranges from routine cases to highly contested and litigated cases.  We can put that experience to work for you.

When you own a property with someone and you need to get the property sold but the other owner won’t cooperate you can file a partition action seeking the sale of the property.

In a partition case the court can order the property sold through a public or private sale and determines how the proceeds should be divided based upon each parties interest, who paid the property expenses, what expenses have not been paid, and if a party was excluded from the jointly owned property, it can give  a credit for the fair share of the rental value foregone.

If you have a jointly owned property that needs to be sold over the objection of the co-owner call us your best choice for Miami Partition Lawyers to discuss your situation.

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