Articles Tagged with prenuptial agreement

to-sign-a-contract-1-1221950-m-300x200For couples facing divorce, the accompanying changes may seem endless. An often overlooked, yet extremely important consideration for divorcing couples is a review of the existing wills and other estate planning documents such as a health care proxy, financial power of attorney, and living will. Other documents that should be reviewed are beneficiary designation forms for retirement assets and life insurance policies. Often, a party’s recollection of the beneficiary designations and other provisions is not consistent with the documents.  All of these forms should be looked over carefully upon a divorce to ensure that the documents reflect each party’s intentions and conform to the Separation and Settlement Agreement entered into by the parties. If there is a prenuptial agreement in place, it should also be reviewed to determine what the other spouse is entitled to in the event of death. Continue Reading

Picture1With Valentine’s Day upon us, it is a great opportunity to discuss the positive effects that prenups can have on a relationship. In my book, Prenups and the Elephant in the Room, I cover the common misconceptions about prenups, and how couples can work together to face these misconceptions. Below is an excerpt from my book which discusses the misconceptions themselves, as well as how couples can use these misconceptions to start the discussion about a prenup. Continue Reading

Prenuptial agreements are on the rise for  Generation Y individuals, or “Millennials”, according to recent reports in the news. What is it about this group that is lending itself to an uptick in prenups? Continue Reading

Social media is all around us. In today’s world, around-the-clock accessibility through social media has become the norm. It seems as if everyone is constantly updating their status or tagging their pictures so that we know exactly where they are and what they are doing. Couples are realizing that updates on an individual’s whereabouts and thought on social media can affect their family. Continue Reading

meeting-room-3-1239345-300x221High-stakes negotiations are often characterized as intense back-and-forth battles where only one party wins. The winner takes all while the other party may suffer a loss of both objectives and dignity. A loss of dignity in negotiations for a prenup can have a long-lasting effect on the relationship.   Negotiating a prenup can (and should) be about coming to a mutually beneficial agreement for both parties. While the marital relationship is considered an economic as well as social partnership, establishing a foundation for the economics of the relationship can be challenging.  The goal of the negotiation should be conducive to creating a durable, family-oriented agreement. Below are five reasons the “art of the deal” is not a zero sum game when it comes to family: Continue Reading

One of the most common questions I receive from clients is how to bring up a prenuptial agreement with a future spouse. There is no uniform answer to this because every couple has its own dynamics, and a prenup conversation should reflect this. With that being said, there are some basic ideas to help your path to a prenup go more smoothly.  Continue Reading

In today’s constantly connected world, the way we interact with one another has changed. Relationship milestones are now often celebrated through technology and are sometimes reached through technology itself. Becoming Facebook official sometimes marks the real beginning of a relationship. Sharing a Netflix password may signify that the relationship is serious. Having a joint iTunes account is often part of a modern relationship. In a world that is increasingly dependent on the use of technology, how can you safeguard your own digital assets?  Continue Reading

I have written in the past about the importance of choosing the right attorney for your legal needs. From time to time, potential clients come to me with a set of papers prepared through an online service.  These papers often lack important details and/or do not address core issues – especially in more complex or unique situations. When you are not working directly with an attorney, how can you be sure your needs are being met?  The internet is saturated with sites offering legal services at a deep discount. The services can be used for anything from business formation to wills. While many of these providers emphasize the role of attorneys in drafting the documents, this type of disclaimer sometimes leads the users to believe that the role of the attorney is then to review these pre-packaged documents. . Many people choose to use discount legal service providers because the price can often be lower than working with an attorney with specialized experience and also because of the perception that the process will be quicker through the service provider. Continue Reading

Prenuptial agreements can include many different areas, including maintenance arrangements in the event of a divorce. Specific requirements and limitations on maintenance provisions vary from state-to-state. A celebrity prenup has recently come into the news because one spouse is challenging the maintenance provision of the agreement and requesting a modification. It does not appear that he is challenging the prenup itself, just the maintenance provision.  Continue Reading

Ken Griffin, considered Illinois’ richest man and worth billions, has recently settled his divorce case right as the trial over his prenuptial agreement was set to begin. Griffin and his estranged wife have been in a divorce battle for over a year. The main issue was the validity of a prenuptial agreement the couple had executed.

Although the final prenuptial agreement was not signed until the day before the couple’s wedding, the court ruled that the agreement is valid. This case is a great example of how hard it is to challenge the validity of a prenuptial agreement.  The court will look at many factors in making the determination.   Continue Reading