Prenuptial Agreements

News & Analysis as of

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

What Stipulations Can Be Included in a Premarital Agreement?

Just as there are many reasons why a couple may choose to enter into a premarital agreement, the issues they cover can vary significantly. California law has relatively few limitations for these contracts, as long as they do...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

Enforcing your New Jersey Prenup

These days, prenuptial agreements are not only for the likes of Hollywood celebrities. They provide spouses at all income levels with financial and other protections. Enforcing New Jersey prenups is easier now, thanks to...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

Client Data Sheet: Prenuptial Agreement

This is an example questionnaire that I use for clients for a prenuptial (or premarital) agreement....more

The Mediated Prenuptial Agreement: A Happy Beginning

When we think of a wedding, we typically think about a joyous time - not about lawyers, meetings and arguments. Yet for many people, their wedding does involve these elements because they have chosen to enter a “prenuptial...more

Putting Fault Back into Divorce, the Modern Anti-Cheating Clause

As reported in the news, Tiger Woods and Elin Nordegren might be reconciling. In 2009, the relationship made headlines when the National Enquirer reported that Tiger was cheating. Two days later, the police were called to...more

Share Of Appreciation Not Granted In Prenuptial Agreement

A recent Florida appellate court decision provides a drafting lesson in prenuptial agreements - if a spouse is to receive an interest in appreciation in an asset, the agreement should be specific on that....more

27 Results
|
View per page
Page: of 2