Marriage

News & Analysis as of

Nao Deixe O Samba Morrer! (Don’t Let Samba Die!) Part 2 - What Now? - Immigration Planning Considerations after the Trump...

Overview - For many this week, the unthinkable and unexpected became a political reality with the election of Donald Trump. If anyone was wondering if the tough rhetoric during the campaign would be relaxed after the...more

2016 Year-End Estate Planning Advisory

In 2016, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting imminent significant changes to the system. Under the American Taxpayer Relief...more

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Divorce in the United Arab Emirates

For Muslims in the UAE, divorce is the cancelling of the valid contract of marriage between the parties. The divorce can be commenced by the husband, or by the wife if her husband gave her the right to do so (Isma’) in the...more

New state law will cut divorce wait time in half

The anxiety, acrimony and expense of a no-fault divorce may diminish after a new state law takes effect in December. Act 102, signed by Gov. Wolf earlier this month, rolls back the waiting period for a divorce from two...more

Validity of Pre and Post: Nuptial Agreements

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Special Conditions in the Marriage Contract

Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence...more

What We Can Learn From the Brangelina Divorce

I was asked to comment on television about the hottest news, the Brangelina divorce. If you haven’t heard, another celebrity couple, Brad Pitt and Angelina Jolie are divorcing after 2 years of marriage and twelve years of...more

Adultery is a Serious Breach of UAE Criminal Law

There are some common misconceptions that expatriates have about UAE family laws. Hassan Elhais, a Legal Consultant in Dubai, Femina ME’s guest columnist, clears the misunderstandings. If the wife applies for a...more

Jurisdiction and Conflict of Law

1. Sources of Law - 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’....more

For Love or Money: Considering Prenuptial Agreements

The question of prenuptial agreements comes up often in multi-generational family- owned businesses. The question is typically raised by mom or dad, or maybe grandmother or grandfather, and goes something like: “We’re all...more

Regulations Issued to Make Marriage References Gender Neutral

Further to the recent U.S. Supreme Court cases recognizing same-sex marriages, the IRS has issued final regulations that codify same-sex marriages for federal tax purposes, regardless of gender. Under Treasury Regulations §...more

Recognition of Same-Sex Marriage Officially the Tax Law of the Land

Effective tomorrow, September 2, 2016, new IRS final regulations will take effect which provide that for federal tax purposes, the terms “spouse,” “husband,” and “wife” mean an individual lawfully married to another...more

The Ashley Madison Breach: Canada-Australia Report of Investigation and Takeaways for all Organizations

On August 23, 2016, the Office of the Privacy Commissioner of Canada (OPC) released its joint report with the Office of the Australian Information Commissioner (OAIC) regarding its investigation of the 2015 Ashley Madison...more

Spouses Need to Exercise Care in Transferring Property between Them When Subject to a Marital Agreement [Florida]

Many prenuptial and postnuptial agreements provide for a class of property known as Separate Property. Such Separate Property will often not be subject to claim by or transfer to the non-owning spouse upon death or divorce....more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Husband and Wife Rights under Shariah Law

Family article on husband and wife rights under Shariah Law. There are specific rights designated to Husband and Wife under Shariah Law. Overall, the rights cover the following categories: a) Exchange of rights between...more

T&E Litigation Newsletter- August 2016

On August 4, 2016, the Supreme Judicial Court issued its highly anticipated decision in Pfannenstiehl v. Pfannenstiehl, 2016 Mass. LEXIS 591, reversing an Appeals Court decision that had been a hot topic of discussion among...more

Still Haven’t Prepared a Will? You Could be Leaving A Mess for your Spouse/Partner

Statistics show that more than 50% of Americans die without having a Last Will and Testament. People tend to put off this important planning because they are either procrastinators (“I’ll worry about it later!”) or...more

Parenting Coordinator Rule Change | Divorce & Family Law Attorney

Divorced parents often remain in conflict, even for years after the divorce is finalized. Sometimes this animosity fuels years of “post-decree” battling over custodial issues. In many high conflict cases, a judge would...more

Terminated: A Marriage’s End Should Not Lead to Employment’s End

Last month, the New Jersey Supreme Court ruled in Robert Smith v. Millville Rescue Squad (MRS) that an employer cannot terminate an employee for separating or divorcing – the processes of which apparently falls under the...more

Jurisdiction Over Out-Of-State Property In A Multi-State Divorce

In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a...more

Divorce and K1 Adjustment of Status

Recipients of a fiancé visa, officially known as a K-1 visa are required to marry only their United States’ citizen petitioner. After the marriage, the foreign citizen must then file for an adjustment of status within 90 days...more

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more

Rights and Obligations in the Marriage

Under the UAE’s Sharia-based Family Laws, there are a number of rights and obligations set out for the benefit of both husband and wife. These laws govern various aspects of the couple’s relationship and family, but the main...more

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