Prenuptial Agreements

News & Analysis as of

Seven Ways to Help Your Client Prepare for a Divorce

Your client never entered into a prenuptial agreement and when there was a crisis impacting his marriage, he was unsuccessful in broaching the issue of a postnuptial agreement with his spouse. After years of frustration and...more

Florida Supreme Court Gives Expansive Protection to Husband’s Separate Property under a Prenuptial Agreement

A divorcing wife asserted that because a 20 year old prenuptial agreement made no specific reference to enhancement in value of nonmarital property attributable to marital labor or funds, the enhancement in value to the...more

Domestic Partnership Agreements: FAQs

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage...more

Pennsylvania Prenuptial Agreements

Prenuptial Agreements, also known as premarital agreements, are agreements entered into between two prospective spouses, who contemplate marriage, and wish for the agreement to become effective upon their marriage. The...more

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

Husband Permitted to Seek Attorney's Fees Against Wife for Her Failure to Comply with Prenuptial Agreement

In the 2015 Pennsylvania Superior Court Non-precedential Decision, Boer v. Pott, the Court confirmed husband's right to seek attorney's fees against wife due to wife's failure to comply with the parties' prenuptial agreement....more

Domestic Partnership Agreements: Overview

Many couples who could not marry now can. The United States Supreme Court decision in Obergefell v. Hodges framed the issue of the fundamental right to marry and the choice to commit to and intimately associate with the...more

Divorce – Four Business Reasons for a Prenuptial Agreement

With an ongoing Oklahoma divorce case in mind last month Tilting wrote about Tigh A. Knott, his wife Lucy Knott and how a business owner’s divorce can impact his business and affect his partners. The real players were Harold...more

Divorce – Impacting Your Meddlin Hands Partners!

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half...more

Should I have a Prenuptial Agreement?

A prenuptial agreement is not the death knell of romance! It is a misconception that if you are not a celebrity and do not have millions of dollars, you do not need a prenuptial agreement. Couples from all tax brackets...more

Protecting your Business from a Lack of “Wedded Bliss”

Richard and Rachel Rich married 30 years ago and enjoyed a tempestuous union ever since. One year prior to their marriage, Richard started up a small computer products company, Orange Computers....more

Social Media and Prenuptial Agreements

Social media has become routine in our society and it is undeniable that social media usage has grown enormously over the last several years in family law. It is also true that prenuptial agreements are growing in utilization...more

Social Media Clauses in Prenuptial Agreements

In earlier blog posts, we discussed how social media can often be used against a party in a divorce action. Social media posts have the potential to be used as evidence in domestic violence matters, in custody matters, in...more

Affidavit of Support (I-864) Enforceable Despite Pre-Nup, Divorce and Potential Marriage Fraud per California Court

Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is...more

5 Estate Planning Mistakes You Should Try to Avoid

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

“Pre-Nup” is not a dirty word

The myth is that merely thinking you need one means you’re contemplating that your marriage is going to fail. We have many things in life to insure against something going wrong, it doesn’t mean it’s expected, but that we’re...more

Popping The Question: How To Propose A Prenuptial Agreement To Your Partner

For those who’ve kept up with the Kardashians, you’re aware that there’s trouble in “Khlodom” (i.e. the marriage between reality-TV star Khloe Kardashian and her basketball playing hubby, Lamar Odom). On Friday, December 13,...more

Spouse Was Not Required To Challenge A Voidable Prenuptial Agreement During The Marriage

A recent appellate court decision supporting a challenge to a prenuptial agreement addresses two interesting concepts. The divorce court recognized that a prenuptial agreement was voidable by the wife due to coercion...more

Wealth Management Update - October 2013

The October § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%. This is up from September's 2.0% rate. The applicable federal rate ("AFR") for use with a sale to a defective...more

Normalizing Prenuptial Planning

Prenuptial planning is a common consideration for clients who are getting married. There are several circumstances where a prenuptial agreement is particularly useful, such as second (or perhaps third) marriage situations,...more

Protecting Separate Property in Arizona: Basic Principles [Video]

Phoenix business law firm Jaburg Wilk's Board Certified Family Law Specialist, Mitchell Reichman discusses best practices in protecting separate property in Arizona. He talks about various family topics such as community...more

Why Arizona Business Owners Need A Premarital Agreement

Arizona is a community property state which means all property acquired by either spouse during the marriage is, by statute, presumed to be community property. ...more

United States v. Windsor: A New Direction in Planning for Same-Sex Couples

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor1 overturned Section 3 of the Defense of Marriage Act ("DOMA"), which had defined marriage as a union between a man and a woman.2 As a result, married...more

Governor Christie Signs Bill Strengthening the Enforceability of Premarital Agreements

Governor Chris Christie has signed a bill that amends both N.J.S.A § 37:2-38 and N.J.S.A § 37:2-32 to strengthen the enforceability of premarital agreements....more

Minnesota's Marriage Equality Act: What You Need to Know

On May 14, 2013, Governor Dayton signed into law legislation revising the definition of "marriage" in Minnesota to include same-sex marriage. The law becomes effective August 1, 2013....more

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