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The holiday season is a time of warmth and renewal. It can be a time of reflection as well as an opportunity to cherish the company of family and friends. It is a good time to consider the decisons you have made during the past year and examine your options for the future.
Although a divorce is a difficult and unpleasant experience that shares none of the warmth and good will of the holiday season, it can also give you the opportunity to reconnect with the people you love and weigh your options for the future. As a divorcee, you will be able to explore options and make decisions that are beneficial for you without worrying about the effect on your ex spouse. Take the opportunity to decide what makes you happy on a personal level and follow your dreams. Rely on the support of your family and friends who love you.
Wishing you a very happy holiday season and a wonderful new year.
A post nuptial agreement is a contract formed between spouses at any time after a wedding has occurred. Often the formation of a post nuptial agreement can alleviate stress between spouses as it gives them the opportunity to review and discuss their economic needs. If challenged in court, a post nuptial agreement may be scrutinized more carefully than a prenup since an upcoming marriage is not used as an incentive for its formation. Additionally, a post nup may be held to a higher standard of fairness than a prenup.
Open and honest discussions between spouses prior to the formation of a post nuptial agreement are essential. A conversation should include a full and fair disclosure of all assets and debts including the possibility of future income opportunities. Discussions regarding the couple’s current financial status and the division of property in the event of death or divorce are also important.
A post nuptial agreement should fully describe all the assets, liabilities, income and expectations of gifts or inheritances of the spouses. The agreement will effectively set forth how the couple’s property, including the marital residence, will be divided and marital debts paid in the event of death or divorce. A post nup can also set forth provisions for alimony, maintenance or spousal support, death benefits and medical, disability and long term care coverage. (more…)
A prenuptial agreement can be a practical solution to extensive property dispute during a divorce. Clearly, discussions regarding property distribution in the event of a divorce can be uncomfortable in any case but especially during wedding preparations. Nevertheless, a couple who can reach an agreement which protects the respective rights of each spouse can avoid much unnecessary stress later.
A prenuptial agreement is a contract entered into between a couple about to get married. The agreement can address specific issues relating to property division. A prenup is an effective tool for setting forth the rules of property division in the event of a divorce. Additionally, the agreement can limit the responsibility of the spouses for eachother’s debts. Essentially, the contract can set forth who gets what should the marriage fail and who will take responsibility for marital debt. The contract can be used to protect the rights of inheritance of children from a prior marriage. Spouses can give up their rights to inherit certain property, perhaps in exchange for other benefits. Estate planning which reflects a spouse’s true intentions pursuant to the prenup is recommended. A will can not supercede the provisions of a prenuptial agreement. In other words, testamentary provisions can provide more generous, but not less, benefits to a spouse than the agreement allows. A couple can agree to have certain property, such as family heirlooms, revert to their birth families in the event of death. Other issues such as the filing of joint and separate tax returns, the payment of household bills, setting up and maintaining joint accounts, agreements relating to specific purchases or projects, such as buying a home or starting a business, savings, payment of college or graduate school tuition for your spouse, providing for a surviving spouse through an insurance policy or will, and agreements as to dispute resolution, such as hiring a mediator or private arbitrator, can also be set forth in a prenuptial agreement. (more…)
The issues leading to a divorce often occur long before a split is even considered. In many instances, there are clear signs that a couple is incompatible and will have trouble living together before a marriage even occurs. Most people are not thinking about the eventuality of a divorce while they are planning a wedding. Nevertheless, a careful examination of yourself, your partner and your relationship prior to the actual wedding can save you from a lot of unnecessary stress during the marriage and, possibly, avert the necessity of a divorce.
Prior to entering into a relationship, it is important to examine your individual needs, wants and values. Chances are you will have a difficult time building a solid relationship with your partner if you are unclear about your own priorities. Assessing your values, determining what is important to you as an individual and realizing where you can compromise will help you develop as a person and better understand what you need in a relationship. Some important issues to consider are religious beliefs, relationship to money, work ethic, living situation, or where you feel comfortable residing, family ties, friendships and desire to have children. (more…)
