Prenuptial Agreements

News & Analysis as of

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

A “Self Prenup”… The Big Impact of a Little-Known Legal Selfie

The engagement party is over and the happy couple is diligently planning for their joyful wedding day. One of the intended spouses, I will call him Danny, is wealthy. Danny’s intended wife, I will call her Annie, is not...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

Reasons to Have a Prenuptial Agreement (Not Related to Divorce)

A prenuptial agreement allows couples to opt out of the California Family Code in part, or in whole, by reaching their own agreement about their financial affairs – during the marriage as well as in the event of a divorce....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

Arguing over Money Leads to Divorce: 4 Common Misconceptions about Money & Marriage

It’s official. According to Sonya Britt, a Kansas State University researcher, arguing about money early in a relationship is the top predictor of divorce. And if money disagreements lead a couple to divorce court, most...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

Wealth Management Update - June 2013

The June § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 1.2%, which is a slight decrease from April's rate of 1.4% but remains the same as May's rate of 1.2%. The applicable federal...more

Is There a Child Support “Loophole” in Premarital Agreements?

Premarital agreements allow individuals to make agreements about their property rights and even with regard to future spousal support, although the latter involves complications and special considerations related to...more

Nothing But Net or Airball for Kris Humphries in his Divorce Battle with Kim Kardashian?

One of the most highly publicized divorce battles in recent history quietly came to a close on Friday, April 19, 2013 in a Los Angeles court room. Reality star Kim Kardashian and NBA player Kris Humphries were married just 72...more

What You Can Do with a Prenuptial Agreement

While the words prenuptial agreement can kill that pre-marriage romance, a prenup is smart financial planning. It is perhaps better thought of as a safety belt — when you ride in a car you don’t expect to get into an...more

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